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Informative

Kerala High Court on Emergency Leave for Convict to Attend Family Function.

Update / Judgement Date

26 Nov 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

2 min read

Civil LawOther Legal Matters
Kerala High Court on Emergency Leave for Convict to Attend Family Function.
WCP News Bulletin

Headnote

The Kerala High Court directed the authorities to grant emergency leave to a convict to attend his nephew’s marriage. The petitioner, the wife of the convict, approached the Court after her application for leave was not considered due to the declaration of local body elections. The Court held that under Rule 400(1)(ii) of the Kerala Prisons & Correctional Services (Management) Rules, 2014, the convict is entitled to emergency leave, and directed the Superintendent of the Open Prison to grant leave for five days.


Background

  1. The petitioner’s husband, Mr. Shameer, was serving imprisonment at the Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram.
  2. The convict’s nephew’s marriage was scheduled for 30.11.2025 (Exhibit P1).
  3. The petitioner filed an application (Exhibit P3) seeking emergency leave for the convict to attend the marriage.
  4. The application was not acted upon due to the implementation of the Election Model Code of Conduct.


Court’s Observations

  1. The Public Prosecutor confirmed the marriage date and that no action had been taken on the application due to Model Code of Conduct restrictions.
  2. The Court noted that the convict is entitled to emergency leave as per Rule 400(1)(ii) of the Kerala Prisons & Correctional Services (Management) Rules, 2014.
  3. Considering the circumstances, the Court directed the prison authorities to grant emergency leave for five days starting from 29.11.2025.


Legal Provisions Discussed

  1. Rule 400(1)(ii), Kerala Prisons & Correctional Services (Management) Rules, 2014 – Emergency leave for prisoners to attend family functions.
  2. Election Model Code of Conduct – Restrictions on administrative action during elections.

Result

The Writ Petition (Crl.) No. 1621 of 2025 was allowed. The convict was granted emergency leave for five days from 29.11.2025 to attend his nephew’s marriage.

Appendix / Exhibits

  1. Exhibit P1: Marriage invitation card.
  2. Exhibit P2: Relevant pages of the Election Model Code of Conduct.
  3. Exhibit P3: Representation dated 18.11.2025 submitted by the petitioner.

Citation: 2025:KER:91596

Case: Muneera A. v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Dr. Justice Kauser Edappagath

Date of Decision: 27 November 2025

W.P.(Crl.) No.: 1621 of 2025