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2026 Supreme(Online)(Ker) 2265

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NISHANA E.K – Appellant
Versus
THE SUPERINTENDENT CENTRAL PRISON & CORRECTIONAL HOME – Respondent
WP(CRL.) NO. 96 OF 2026 | SC NO.99 OF 2013



Advocates:
For the Appellants/Petitioners: SHRI.SUNNY MATHEW, SMT.BHAVANA K.K
For the Respondents: SRI.E.C.BINEESH, SR. PUBLIC PROSECUTOR

Emergency leave for convicts granted to attend family marriage is justified by familial rights.

Headnote:The petitioner sought emergency leave for convicts to attend her marriage. The court determined that the convicts, being relatives, were entitled to such leave. The court ruled that emergency leave for four days should be granted to the convicts. The Writ Petition (Criminal) is allowed as above.

Table of Content
1. petitioner's familial right to request leave for convicts. (Para 1)
2. court hears arguments from both the petitioner and prosecution. (Para 2)
3. court grants leave for convicts to attend marriage. (Para 3)

JUDGMENT

The petitioner is the niece of the convicts who are undergoing life imprisonment at Central Prison and Correctional Home, Kannur. The petitioner’s marriage is fixed on 25.01.2026 as evident from Ext.P1. The petitioner filed Ext.P2 application before the 1st respondent to grant emergency leave for seven days to the convicts to attend her marriage function. The grievance of the petitioner is that it has not been considered so far.

2. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

3. The convicts are entitled to emergency leave to attend the marriage of the petitioner being their niece. Hence, respondent No.1 is directed to grant emergency leave for four days to the convicts with effect from 23.01.2026.

The Writ Petition (Criminal) is allowed as above.

Sd/-

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