Judicial determination of emergency parole eligibility based on familial responsibilities within the framework of Prisons Rules.

K. BABU, J.

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WP(Crl). NO. 556 of 2026 ------------------------------

Dated this the 31^st day of March, 2026 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 3rd and 4th Respondent to grant parole or emergency leave to petitioner’s Husband (Convict No. C 6636) who is undergoing incarceration at Central Prison & Correctional Home, Poojapura, Thiruvananthapuram in accordance with law;

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 ”

2. The petitioner is the wife of a convict. The petitioner’s husband (Convict No. C6636) is undergoing imprisonment in S.C. No. 770/2019 on the file of the Special Court (SPE/CBI), Thiruvananthapuram, and is presently lodged at the Central Prison and Correctional Home, Poojapura, Thiruvananthapuram.

3. The petitioner submitted an application seeking emergency leave for her husband. In the application, it is stated that the marriage of the convict’s cousin brother is scheduled on 05.04.2026. The presence of the convict is necessary for the said marriage, as they have been sharing a close bond since childhood. The petitioner has produced Ext. P1 marriage invitation in support of her contention.

4. The petitioner has earlier submitted Ext. P2 representation before respondent No.4 seeking parole. 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 three days from 04.04.2026 to 06.04.2026.

Accordingly, this Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Poojapura, Thiruvananthapuram, to release the Convict No. 6636 (Biju) on emergency parole from from 04.04.2026 to 06.04.2026, as provided under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules , 2014. The convict shall surrender before the Superintendent,Central Prison and Correctional Home, Poojapura, Thiruvananthapuram, on 07.04.2026 without fail.