Compassionate grounds may justify the granting of leave to convicts despite procedural non-compliance with prison regulations.

J U D G M E N T

Dated this the 31^st day of January, 2026 The petitioner is the mother of the convict who is undergoing imprisonment at Central Prison & Correctional Home, Kannur. The surgery to the trigger finger of the petitioner is fixed on 02.02.2026. The petitioner sought for emergency leave for the convict to accompany her on the date of surgery and during hospitalization thereafter. It was rejected as per Exhibit P3 order on two grounds: (i) the certificate appended along with the application is not that of a civil surgeon of a Government Hospital as provided under Rule 400 of the Kerala Prisons and Correctional Services (Management) Rules , 2014 (‘the Rules’ for short). (ii) The illness of the petitioner is not fatal and critical in nature.

2. It is true, that the certificate produced by the petitioner is not that of a civil surgeon of the Government Hospital. However, it is issued by the Surgeon of the ESI Hospital, Kannur. The certificate would show that the petitioner has already been admitted for surgery and the surgery is scheduled on 02.02.2026. It is also true that there is nothing on record to show that the petitioner is critically ill, so as to attract Rule 400 of the Rules. However, considering the fact that the convict is the son of the petitioner, who is an aged lady, I am of the view that by exercising the jurisdiction vested with this Court under Article 226 of the Constitution of India, 3 day’s emergency leave can be granted to the convict.

3. Hence, the 4^th respondent is directed to grant emergency leave to the son of the petitioner, who is the convict in S.C No.659 of 2011 from 01.02.2026 to

03.02.2026.

The writ petition(criminal) is disposed of as above.

Sd/-