An inmate may be granted emergency leave for serious illness of a close relative under relevant prison rules.

JUDGMENT

The prayers in this Writ Petition filed under Article

226 of the Constitution of India are as follows:-

“i) Issue a writ of mandamus or such other order or direction, directing the respondents to grant emergency leave to petitioner’s husband;

ii) Such other relief as this Hon’ble Court thinks fit and proper, in the nature and circumstances of the case.”

2. The petitioner is the wife of a convict.

Petitioner’s husband has been convicted in S.C.No.7/2012 on the file of the Additional Sessions Court, Ernakulam, for the offences punishable under Sections 376 and 366 of IPC. He has been sentenced to undergo various terms of imprisonment including imprisonment for life. The convict submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency leave stating that his father is critically ill. The petitioner produced Ext.P1 medical certificate.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.

4. As per Rule 400 of the Kerala Prisons &

Correctional Services (Management) Rules, 2014, in the event of death or serious illness of a very close relative, the convict is entitled to emergency leave for a limited period. Materials have been placed before this Court to show that father of the convict is undergoing treatment for Carcinoma Lungs Stage - IV. It is submitted that this is a life threatening disease.

5. The learned Public Prosecutor opposed the application.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency leave for a period of 7 days from 14.01.2026 to 20.01.2026.

7. The Writ Petition is allowed. Sri. Jomon (C.No.118/23), who is undergoing imprisonment in the Central Prison, Viyyur, is granted emergency leave for a period of 7 days from 14.01.2026 to 20.01.2026. The convict shall surrender before the Superintendent, Central Prison, Viyyur on expiry of the period of leave granted.

Sd/-