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2026 Supreme(Online)(Ker) 2588
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHAJI – Appellant
Versus
THE SUPERINTENDENT CENTRAL PRISON & CORRECTIONAL HOME – Respondent
WP(CRL.) NO. 83 OF 2026 | SC NO.125 OF 2022
For the Appellants/Petitioners: SHRI.SUNNY MATHEW, SMT.BHAVANA K.K
For the Respondents: SRI.SANGEETHA RAJ N.R., PUBLIC PROSECUTOR
Emergency leave for convicts cannot be granted for attending events outside defined familial relations under correctional rules.
Headnote:Statute Analysis: The Kerala Prisons & Correctional Services (Management) Rules, 2014 do not entitle the convict to emergency leave for attending his sister’s granddaughter’s marriage. Facts of the Case: The petitioner filed for emergency leave for a life convict's attendance at a family event, which was dismissed.
Findings of Court:
The court found that the event did not qualify for leave under the relevant rule.
Issues: The court examined whether the convict was entitled to emergency leave under the specific rules.
Ratio Decidendi: The court ruled that the marriage of the petitioner's sister's granddaughter was not within the defined relations under Rule 400(1)(ii), denying the application for leave.
Result: Accordingly, the Writ Petition (Criminal) is dismissed.
| Table of Content |
|---|
| 1. emergency leave application procedural context. (Para 1) |
| 2. criteria for emergency leave not met. (Para 2) |
JUDGMENT
The petitioner’s son is a life convict undergoing imprisonment at Central Prison, Viyyur. An application for emergency leave was filed before the respondent No.1 to grant leave to the convict to attend the petitioner’s sister’s grand daughter’s marriage scheduled on 25.01.2026. It was dismissed as per Ext.P2 order. It is challenging that order, this writ petition has been filed.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The petitioner’s sister’s granddaughter would not come within Rule 400(1)(ii) of the Kerala Prisons & Correctional Services (Management) Rules, 2014. Hence, the convict is not entitled to emergency leave. Accordingly, the Writ Petition (Criminal) is dismissed.
Sd/-
