Emergency parole granted for familial rituals under Kerala Prisons Rules considering exceptional circumstances.

JUDGMENT

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

“(a). Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to grant special leave/emergency parole to the petitioner’s son, Jayesh, Convict No.14/26, for a period of 1 week from 11.03.2025, presently confined at Kannur Central Prison, in view of attending and performing the first death anniversary rituals of his late father is grave and rapidly deteriorating medical condition; (sic.) or (b). Pass such other and further orders as this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case, in the interest of justice.”

2. The petitioner is the mother of Convict No.14/26 of Central Prison & Correctional Home, Kannur, who is undergoing imprisonment consequent to the conviction and sentence in S.C.No.722 of 2014 on the file of the Additional Sessions Court-IV, Thalassery.

3. The learned counsel for the petitioner submitted that the first death anniversary rituals of the convict are scheduled to be conducted from 11.03.2026 to 13.03.2026. It is further submitted that the convict Jayesh is their only son and that the rituals are required to be performed by the son in accordance with religious customs.

4. The petitioner has submitted a representation before respondent No.2 seeking emergency leave for her son. However, the competent authority had rejected the said application as per Ext.P3.

5. Heard both sides.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency parole for a period of three days from

11.03.2026 to 13.03.2026.

Accordingly, this Writ Petition is disposed of directing the Superintendent, Central Prison & Correctional Home, Kannur, to release the convict (Jayesh) on emergency parole from 11.03.2026 to 13.03.2026, 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 Central Prison &

Correctional Home, Kannur, on 14.03.2026 without fail.

Sd/-