Emergency parole can be granted based on compelling family circumstances, balancing individual rights with correctional policies.

JUDGMENT

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

“1. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to grant emergency parole Convict No.79/19, Sinoj, for a reasonable period from 25.02.2026 to 15.03.2026 to enable him to assist his aged mother undergoing breast cancer surgey and ailing wife;

2. Declare that denial of emergency parole in the present circumstances would be arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution of India.

3. 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 Convict No.79/19 of High Security Prison, Viyyur, who is undergoing imprisonment for life consequent to the conviction and sentence in S.C.No.288 of 2013 on the file of the Additional District & Sessions Court (for the trial of cases relating to Attrocities and Sexual Violence Against Women & Children), Ernakulam.

3. The petitioner submitted an application seeking emergency leave for her son. It is submitted that the petitioner is undergoing treatment for breast cancer, and the doctors have advised surgery and hospitalization during the period from 25.02.2026 to 15.03.2026. It is further submitted that the wife of the convict met with a serious accident and sustained severe injury to her right knee and is unable to move independently. It is alleged that the convict is the only responsible family member available to take care of his wife and to attend his mother at the hospital while undergoing surgery for breast cancer.

4. The petitioner has earlier submitted Ext.P4 application before respondent Nos.2 and 3 seeking emergency leave. However, the competent authority had rejected the said application.

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 10 days from 04.03.2026 to 13.03.2026.

Accordingly, this Writ Petition is disposed of directing the Superintendent, High Security Prison, Viyyur, to release the convict (Sinoj) on emergency parole from 04.03.2026 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 High Security Prison, Viyyur, on 14.03.2026 without fail.

Sd/-