Emergency parole may be granted for convicts based on pressing family health circumstances, even when statutory rules impose restrictions.

JUDGMENT

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

“i.To declare that Rule 403 (1) of the Kerala Prisons and correctional Services (Management ) Act and Rules 2014 as unreasonable in as much as the same insist for a medical certificate issued by a government Medical Officer not below the rank of a Civil Surgeon , hence Unconstitutional and accordingly to strike down the same;

ii. To issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P3 order dated 27.1.2026 passed by the 1st respondent;

iii. To issue a writ of mandamus or any other appropriate writ order or direction commanding the 1strespondent to grant accused who is undergoing imprisonment at central prison and correctional home Kannur as C 254/2023 leave for a period of 15 days from 14-2-2026 to 28-2-2026.

iv. Any other reliefs which may be prayed for from time to time.

2. The petitioner is the mother of a convict. The petitioner’s son (Convict No. 254/2023) is undergoing imprisonment in S.C. No. 99/2013 on the file of the Additional Sessions Court, Manjeri, and is presently lodged at the Central Prison, Kannur.

3. The petitioner submitted an application seeking emergency leave for her son. In the application, it is stated that the petitioner is suffering from severe lower back pain and weakness in both legs. After continuous treatment, the doctor has advised that surgery is urgently required, and the same is scheduled on 16.02.2026. As there is no one else to look after her, the presence of the convict is highly essential. The petitioner has produced Exts. P1 and P4 medical records in support of her contention.

4. The petitioner has earlier submitted Ext. P2 representation before respondent No.1 seeking parole.

However, the competent authority had rejected the said application as per Ext.P3.

5. Heard both sides.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency parole for a period of ten days from 14.02.2026 to 23.02.2026.

Accordingly, this Writ Petition is disposed of directing respondent No.1 to release the convict on emergency parole from 14.02.2026 to 23.02.2026. The convict shall surrender before respondent No.4 on 24.02.2026 without fail.