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2026 Supreme(Online)(Ker) 29791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
Khadeejathu Nasriya – Appellant
Versus
State Of Kerala – Respondent
WP(CRL.) NO. 771 OF 2026
For the Appellants/Petitioners: S. Rajeev, V. Vinay, M.S. Aneer, Sarath K.P., Anilkumar C.R., K.S. Kiran Krishnan, Dipa V., Akash Cherian Thomas, Azad Sunil, T.P. Aravind, Maheswar Padickal, Akshara S., Nivedita Rajeev
For the Respondents: Sanal P. Raj
Emergency leave for a convict to attend to an ailing family member cannot be denied solely due to technical procedural requirements regarding the rank of the issuing medical officer, provided there is corroborative medical evidence.
Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India challenging the rejection of an emergency leave application for a convict, whose father is in critical medical condition. The prison authority had denied the request solely on the basis that the supporting medical certificate was not issued by a government medical officer holding at least the rank of Civil Surgeon. The central issue was whether the requirement for a specific rank of medical officer should override the humanitarian need for a convict to attend an ailing family member. The court reasoned that in emergency situations regarding serious medical issues, rigid bureaucratic requirements cannot be used to deny such requests when reliable medical evidence is provided. Accordingly, the writ petition was allowed, and the prison authorities were directed to grant five days of emergency leave subject to the execution of a bond and sureties.
JUDGMENT Dated this the 22nd day of May, 2026 The wife of Convict No.160/2022 of Central Prison and Correctional Services, Thavanoor, Malappuram, has filed this Writ Petition (Criminal) under Article 226 of the Constitution of India, seeking emergency leave to the above convict to attend his father, who is said to be remaining under critical condition after stroke.
2. The application filed by the convict in the above regard was rejected by the 4th respondent for the reason that the medical certificate produced had not been issued by a Medical Officer not below the rank of a Civil Surgeon in Government services.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.
4. The relief sought for by the petitioner in this Writ Petition is strongly opposed by the learned Public Prosecutor. 5. Ext.P1 Medical Certificate issued by a Post Graduate Doctor of Taluk Head Quarters Hospital, Malappuram, would reveal that the father of the above said convict is bed-ridden pursuant to Seizure Disorder, Stroke Acute Infective Exacerbation of COPD hypokalemia/Hyponatremia shTn/CVA/T2 DM. The mere reason that the aforesaid Surgeon, who issued the Medical Certificate, does not come under the category of Government Medical Officer not below the rank of Civil Surgeon, cannot be taken as a reason to disallow the prayer of the convict to provide him an opportunity to attend his ailing father, who is remaining under critical condition. Therefore, the relief sought for by the petitioner in this writ petition, deserves to be allowed.
In the result, this Writ Petition stands allowed as follows:
i. The 4th respondent is hereby directed to grant emergency leave to Convict No.160/2022 of Central Prison and Correctional Services, Thavanoor, Malappuram, for a period of five days on execution of bond for Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties each for the like amount.
ii. The direction in this regard shall be complied, within a period of one week from the date of receipt of a copy of this judgment.
iii. The 4th respondent shall forward a report to this Court about the release of the above convict on emergency leave in compliance with the direction in this judgment, and also the reporting back of the aforesaid convict in prison.
