Emergency leave can be granted to convicts for attending to family health emergencies under Article 226.

J U D G M E N T

Dated this the 31^st day of January, 2026 The petitioner is the wife of the convict No.CC

6317 who is undergoing imprisonment for life in the Central Prison & Correctional Services, Poojapura. The petitioner is seriously ill and a growth was detected on her left breast. Doctor has advised a surgery which is scheduled on 02.02.2026. The petitioner preferred Exhibit P2 representation before the 4^th respondent to grant emergency leave to the convict to accompany her at the time of surgery and thereafter during hospitalization. It was dismissed as per Exhibit P3 order. Challenging the said order, the petitioner has approached this Court.

2. I have heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

3. The request of the petitioner to grant emergency leave for her husband was rejected on the ground that there is a bar under Rule 400(7)(ii) of the Kerala Prisons and Correctional Services (Management) Rules, since the convict was convicted under Section 392 of IPC. It is true that there is such a bar. However, Exhibit P1 would show that the petitioner has a growth on her breast and surgery is scheduled on 02.02.2026. According to the petitioner, there is no person to take care of her at the hospital.

4. Considering the entire facts and circumstances of this case, I am of the view that the convict can be granted 3 days’ emergency leave invoking the power of this Court under Article 226 of the Constitution of India . Hence, the 4^th respondent is directed to grant emergency leave to the husband of the petitioner, who is the convict No.CC 6317 from

01.02.2026 to 03.02.2026.

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

Sd/-