SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 15226

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
M.T.P. RUKIYA – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 23 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.PRASOON SUNNY, SMT.RAJI S., SMT.RITTY K.REJI
For the Respondents: SMT.MAYA M N

Emergency parole can be granted under specific humanitarian grounds, considering the petitioner's circumstances.

Headnote:This judgment addresses a writ petition under Article 226 of the Constitution of India, seeking emergency parole for the petitioner’s son on humanitarian grounds due to the petitioner’s chronic ailments. The court found that the convict is entitled to emergency parole for seven days from 11.03.2026 to 17.03.2026. The main issues included the petitioner’s health considerations and the delay in response to her representation. The court reasoned that the circumstances justified the granting of parole under applicable rules. The decision directs the immediate release of the convict on emergency parole.

Table of Content
1. grounds for seeking emergency parole. (Para 1 , 2 , 3 , 4)
2. decision on granting parole. (Para 6)

JUDGMENT

The prayers in this Writ Petition (Criminal) 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 for a period of 30 (thirty) days to Mr.Muhammed Faisal @ Faisal (C-194/2021) on humanitarian and medical grounds;

ii. Issue a writ of mandamus directing the respondents to consider and pass appropriate orders on the petitioner’s representation dated 27.12.2025 within a time frame to be fixed by this Hon’ble Court;

iii. Dispense with the filing of the English translation of the vernacular documents, as the petitioner undertakes to produce the same as and when directed by this Hon’ble Court; and iv. Grant such other and further reliefs as this Hon’ble Court may deem fit and proper in the interests of justice.”

2. The petitioner is the mother of Convict No.194/201 of Central Prison & Correctional Home, Kannur, who is undergoing imprisonment for life consequent to the conviction and sentence in S.C.No.245 of 2011 on the file of the Additional District & Sessions Court-I, Kasargod.

3. The learned counsel for the petitioner submitted that the petitioner is suffering from serious and chronic ailments, and the doctor has certified that she requires continuous supportive care for her daily activities and follow-up treatment under a cardiologist and a neurologist. It is further submitted that the petitioner is physically incapacitated and unable to manage her day-to-day activities independently. It is alleged that the convict is her only son and that there is no other family member available to provide the necessary care and assistance to his mother.

4. The petitioner has submitted Ext.P5 representation before respondent Nos.2 and 3 seeking emergency leave for her son. However, the competent authority has not taken any action on the same.

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 7 days from 11.03.2026 to 17.03.2026.

Accordingly, this Writ Petition is disposed of directing the Superintendent, Central Prison & Correctional Home, Kannur, to release the convict (Muhammed Faisal) on emergency parole from 11.03.2026 to 17.03.2026, 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 18.03.2026 without fail.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top