Denial of emergency parole is arbitrary and violates Articles 14 and 21 when circumstances warrant such leave.

JUDGMENT

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

“I. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to grant emergency parole to Convict No. 3733, Immanuel Tony, for a reasonable period to enable him to attend and perform the 30^th day death ceremony of his grandmother scheduled on 22.02.2026 to 02.03.2026 at Kollam;

II. Declare that denial of emergency parole in the present circumstances is arbitrary and violative of Articles 14 and 21 of the Constitution of India;

III. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice. ”

2. The petitioner is the mother of a convict. The petitioner submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency leave to enable the convict to attend the post funeral ceremony of the convict’s grandmother scheduled on 22.02.2026. That application was not considered by the respondents.

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 the post funeral ceremony of the convict’s grandmother is scheduled to be held on 22.02.2026.

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 20.02.2026 to 22.02.2026.

Accordingly, the Writ Petition is disposed of directing the Superintendent, Open Prison and Correctional Home, Nettukalthery, Thiruvananthapuram, to release Sri. Immanuel Tony (Convict No.3733) on emergency parole for a period of 3 days from 20.02.2026 to 22.02.2026, as provided under Rule 400 (4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014. The convict shall surrender before the Open Prison and Correctional Home, Nettukalthery, Thiruvananthapuram, on 23.02.2026, without fail.