The principle of parity in legal relief for convicts allows for equal treatment in granting permissions.

JUDGMENT

The petitioner is the mother of convict No.705/17 lodged at Central Prison and Correctional Home, Kannur. He is undergoing life imprisonment pursuant to the judgment dated 28.01.2014 in S.C.No.867/2012. The petitioner seeks modification of Ext.P1 Government Order, whereby the convict has been restricted from entering Kannur District, where his house is situated.

2. The learned counsel for the petitioner submitted that a co-convict by name Sri.Anoop has been granted same relief by this Court by order dated 05.12.2025 in W.P.(Crl)

No.1473 of 2025.

3. The learned Public Prosecutor objected the application holding that as the petitioner has not been granted leave, he is not entitled to the relief sought for. The learned Public Prosecutor submitted that the cause of action for filing a Writ Petition arises only when the competent authority considers his request for leave.

4. The learned counsel for the petitioner submitted that the Jail Authorities have been granting leave to the convict pursuant to the directions in Ext.P1, and lastly in October 2025, he was granted leave.

5. The learned Public Prosecutor submitted that, at any rate, the convict shall not be permitted to enter Kozhikode District, where the offence was committed.

6. In view of the fact that a co-convict was given the relief sought for by the petitioner as per Ext.P2, applying the principle of parity, respondent Nos. 2 and 3 are at liberty to permit the convict to enter Kannur District, while considering his request for leave, notwithstanding the restrictions contained in Ext.P1 Government Order.

The Writ Petition is disposed of as above.

Sd/-