Entitlement to temporary leave for convicts under specific conditions as per prison rules.

JUDGMENT

The prayers in this Writ Petition filed under Article

226 of the Constitution of India are as follows:-

“I. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the 2nd Respondent to grant parole to the petitioner’s husband (Shahul Hameed, Convict No. 647), at Open Prison & Correctional Home, Cheemeni, Kasargod for a period of one month, who is undergoing incarceration, in accordance with law, in order to undergo fertility treatment.

II. To grant any such other and further relief as this Hon’ble court may deem fit in the facts and circumstances of the case so as to meet the ends of justice.

III. To dispense with the production of English Translation of vernacular documents in the writ petition.”

2. The petitioner is the wife of a convict.

Petitioner’s husband has been convicted in S.C.No.210 of 2012 on the file of the Special Additional Sessions Court (Marad Case), Kozhikode. 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 ordinary leave to the convict to undergo infertility treatment.

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 petitioner and the convict are undergoing infertility treatment.

5. The learned Public Prosecutor opposed the application.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to ordinary leave for a period of one month from 01.03.2026 to

31.03.2026.

Accordingly, the Writ Petition is disposed of directing the Superintendent, Open Prison and Correctional Home, Cheemeni, Kasaragod, to release Sri. Shahul Hameed (Convict No.647) on ordinary leave for a period of one month from 01.03.2026 to 31.03.2026, as provided under Rule 400 (4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014. The convict shall surrender before the Superintendent of the Open Prison and Correctional Home, Cheemeni, Kasaragod, on 01.04.2026, without fail.

Sd/-