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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
AMAL NISHAM – Appellant
Versus
THE SUPERINTENDENT, CENTRAL PRISON, VIYYOOR – Respondent
| Table of Content |
|---|
| 1. application for emergency leave for convict. (Para 1 , 2) |
| 2. consideration of arguments for and against the application. (Para 3 , 5) |
| 3. granting of leave to the convict. (Para 7) |
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 1st 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 an
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