Emergency leave for convicts can be granted for significant family events under specific circumstances.

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the 3rd Respondent to grant emergency leave to the Abdul Latheef (C.No.209/21) who is undergoing imprisonment at Central Prison and Correctional Home, Kannur in accordance with law, for attending his daughter’s wedding for a period of four days.

II. To grant any such other and further relief as this Honble court may deem fit in the facts and circumstances of the case so as to meet the ends of justice.

III. To dispense with the production of English Translation of vernacular documents in the writ petition.”

2. The petitioner is the daughter of a convict. Petitioner’s father has been convicted in S.C.No.176/2017 on the file of the Additional Sessions Court – III, Kasargod. He has been sentenced to undergo various terms of imprisonment including imprisonment for life. The convict submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency leave stating that his daughter’s house warming ceremony is scheduled to be held on 05.02.2026. That application was dismissed.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.

4. Materials have been placed before this Court to show that house warming ceremony of the convict’s daughter is scheduled to be held on 05.02.2026.

5. The learned Public Prosecutor opposed the application.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency leave for a period of 3 days from 04.02.2026 to 06.02.2026.

7. The Writ Petition is allowed. Sri. Abdul Latheef (C.No.209/21), who is undergoing imprisonment in the Central Prison and Correctional Home, Kannur, is granted emergency leave for a period of 3 days from 04.02.2026 to 06.02.2026. The convict shall surrender before the Superintendent, Central Prison and Correctional Home, Kannur, on expiry of the period of leave granted.