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