Emergency leave for convict granted under specific circumstances.

JUDGMENT

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

“i. To issue a writ of mandamus or any other appropriate writ order or direction commanding the 1^st respondent to grant emergency leave to the petitioner’s husband by name Muhammed Nisham A.A convict No 462/2023 for a period of 1 week from 14.02.2026.

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

2. The petitioner is the wife of a convict. Petitioner’s husband has been convicted in S.C.No.300/2015 on the file of the Sessions Court, Thrissur. He has been sentenced to undergo various terms of imprisonment including imprisonment for life. The petitioner submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency leave stating that the marriage of the son of the convict’s brother is scheduled on 15.02.2026. That application was not considered.

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 marriage of the son of the convict’s brother is scheduled to be held on 15.02.2026.

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 13.02.2026 to 15.02.2026.

7. The Writ Petition is allowed. Sri. Muhammed Nisham A.A. (C.No.462/23), who is undergoing imprisonment in the Central Prison and Correctional Home, Viyyoor, Thrissur, is granted emergency leave for a period of 3 days from 13.02.2026 to 15.02.2026. The convict shall surrender before the Superintendent, Central Prison and Correctional Home, Viyyoor, Thrissur, on expiry of the period of leave granted.

Sd/-