Fathima C K vs Superintendent Central Prison, Kannur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 9424

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
Fathima C K – Appellant
Versus
Superintendent Central Prison, Kannur – Respondent

Advocates:
For the Appellants/Petitioners: Shri.Sunny Mathew, Smt.Bhavana K.K
For the Respondents: Adv N R Sangeetha Raj, PP

Table of Content
1. jurisdiction for writ petitions under the constitution. (Para 1)
2. criteria for granting parole based on the family and medical urgency. (Para 2 , 3 , 4)
3. court's discretion to provide relief in special circumstances. (Para 6)

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

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