The court upheld the necessity of granting emergency leave to a convict for family reasons, emphasizing the legal grounds for such compassionate considerations.

JUDGMENT

The petitioner is the wife of the convict No. 8106 who is undergoing imprisonment at Central Prison and Correctional Home, Viyyur, Thrissur. The petitioner has delivered a baby recently on 24.1.2026. The baby is admitted in the NICU with neonatal birth asphyxia as evident from Ext.P3 certificate. The petitioner, even before the delivery has applied for emergency leave for the convict to accompany her at the hospital. The said representation marked as Ext.P2, which was given as early as on 19.1.2026 was rejected. It is in these circumstances, the petitioner has approached this Court.

2. I have heard Sri. Subash Chandran, the learned counsel for the petitioner and Sri. K.A. Noushad, the learned Senior Public Prosecutor.

3. The petitioner has applied for emergency leave for the convict before the delivery of the baby. Now she has delivered a baby and it is admitted in NICU with neonatal birth asphyxia. It is submitted that there is nobody to look after the petitioner and the baby. In these circumstances, I am of the view that the convict can be granted emergency leave for a period of five days. Hence, the respondent No.3 is directed to grant emergency leave to the convict for a period of five days, with effect from tomorrow (1.2.2026).

The writ petition is disposed of.

Sd/-