Convict entitled to emergency parole for grandmother's post-funeral rites under prison rules.

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of theConstitution of Indiaare as follows:-

I. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant emergency parole/leave to the petitioner’s son (Convict No. 550/2024) for a period of 16 days for performing the last rites and death ceremonies of his deceased grandmother.

II. Declare that the petitioner’s son is entitled to be considered for emergency parole in view of the death of his grandmother;

III. Pass such other orders as this Hon’ble Court may deem fit and proper in the interests of justice. .”

2. The petitioner is the mother of Convict No.550/2024 lodged in the Central Prison and Correctional Home, Kannur. The convict has submitted Ext.P2 representation before respondent No.2 to enable him to attend the post funeral ceremony of his grandmother. However, the competent authority has not taken any action on the same. The petitioner has produced Ext.P1 certificate issued by the Ward Member in support of her contention.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.

4. Materials have been placed before this Court to show that the post funeral ceremony of the convict’s grandmother is scheduled to be held imminently.

5. The learned Public Prosecutor opposed the application.

6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency leave for a period of six days from 10.04.2026 to 15.04.2026.

Accordingly, the Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Kannur, to release Sri.Pranu Babu (Convict No.550/2024 on emergency parole for a period of six days from 10.04.2026 to 15.04.2026, 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 and Correctional Home, Kannur, on 16.04.2026, without fail.