Legal restrictions on convict's leave must comply with fair standards.

K.BABU, J.

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W.P (Crl) No.121 of 2026 ---------------------------------------

Dated this the 30^th day of January, 2026 JUDGMENT The prayers in this Writ Petition (Criminal) filed under Article

226 of the Constitution of India are as follows:

“i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Condition No.2 in Exhibit P1 order dated 03.07.2025 issued by the 3^rd respondent, which restricts the release of the petitioner’s son on ordinary leave on the condition that no other convict in the same case should be released on ordinary leave simultaneously, as being arbitrary, illegal, and unsustainable in law;

ii. To dispense with the production of translation of documents in vernacular language.

iii. Grant such other reliefs as may be prayed for and as the court may deem fit and cost of the writ petition.”

2. The petitioner is the mother of a convict. The petitioner’s son by name Radhakrishnan, S/o. Balan (Convict No.143/23), is undergoing imprisonment in S.C. No. 265/2018 on the file of the Special Court for the Trial of Offences under the SC/ST (Prevention of Atrocities) Act, Mannarkkad at the Central Prison and Correctional Home, Thavanoor. The convict has been granted ordinary leave as per Ext.P1 order. It is submitted that due to condition No.2 in Ext.P1 order, the petitioner is not in a position to come out of the prison. As per condition No.2 in Ext.P1 order, no co-convict shall remain out of prison on leave. It is submitted that the other convicts in the same case were also released on emergency leave. The requirement of the petitioner is to attend the marriage of his nephew. The grievance of the petitioner is that, in view of condition No.2 in Ext. P1 order, the convict is unable to enjoy the fruits of the ordinary leave.

3. Having regard to the circumstances brought out, I feel that condition No.2 in Ext. P1 is unsustainable.

The Writ Petition is allowed as follows:

“Condition No.2 in Ext.P1 stands quashed. The competent authority shall release the petitioner as per Ext.P1 order, if he complies with the other conditions in the order.”

Sd/-