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2026 Supreme(Online)(Ker) 23703
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
EMAAN NISHAM – Appellant
Versus
THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL HOME, VIYYOOR – Respondent
WP(CRL.) NO. 545 OF 2026
For the Appellants/Petitioners: SUNNY MATHEW, BHAVANA K.K
For the Respondents: N R SANGEETHA RAJ, PP
Emergency parole can be granted based on familial obligations, affirming provisions under prison management rules.
Headnote:The Writ Petition under Article 226 seeks a writ of mandamus granting emergency leave for a convict to attend a family event. The Court found the convict entitled to emergency parole from 04.04.2026 to 07.04.2026, based on Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014. The final directive was for the convict to surrender on 08.04.2026, as ruled in the judgment.
| Table of Content |
|---|
| 1. writ of mandamus for emergency leave. (Para 1) |
| 2. request for emergency parole for family event. (Para 2 , 3 , 4) |
| 3. court grants emergency parole based on legal provisions. (Para 6) |
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
“i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to grant emergency leave to the petitioner’s father by name Muhammed Nisham A.A., convict No.462/2023 for a period of 4 days from 03.04.2026.
ii) Any other reliefs which may be prayed for from time to time.”
2. The petitioner is the son of Convict No.462/2023 of Central Prison & Correctional Home, Viyyur, who is undergoing imprisonment consequent to the conviction and sentence in S.C.No.300 of 2015 on the file of the Sessions Court, Thrissur.
3. The learned counsel for the petitioner submitted that the wedding reception of the convict’s brother’s son is scheduled for 05.04.2026. It is further submitted that, as all the relatives will be gathering on the occasion, the petitioner seeks permission for the convict to attend the event. The petitioner has produced Ext. P1 in support of this contention.
4. The petitioner has submitted Ext.P2 application before respondent No.1 seeking emergency leave for his father. 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 4 days from 04.04.2026 to 07.04.2026.
Accordingly, the Writ Petition is disposed of directing the Superintendent, Central Prison & Correctional Home, Viyyur to release Convict No. 462/2023 (Muhammed Nisham A.A.) on emergency parole from 04.04.2026 to 07.04.2026, 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, Viyyur on 08.04.2026 without fail.
