Girija vs Secretary

Bechu Kurian Thomas, J

Petitioner is the mother of Sri. Subash, who is Convict No.3762 of Open Prison & Correctional Home, Nettukaltheri. Petitioner’s husband - father of the convict, died on 04.08.2024, and the request of the convict for grant of emergency leave was confined to an escort parole to attend the funeral. The convict however refused to avail the escort parole. Petitioner has filed this writ petition seeking the grant of emergency leave to the convict for five days.

Smt. Sreeja.V, the learned Public Prosecutor, upon instructions, submitted that despite the convict being offered escort parole for attending the funeral, he refused to accept the same and therefore, he is not entitled to be granted any emergency leave. It is further pointed out that convict has 23 criminal antecedents against him and further that he is not a well-behaved prisoner to be granted even an ordinary leave. In support of the said submission, it is pointed out that due to various problems created in the prison, he was transferred from the Central Prison and Correctional Home, Viyyur, to Thavanoor, and then to Nettukaltheri, and disciplinary proceedings had to be initiated against him for abusing his fellow prisoners resulting in a punishment being imposed on him on 07.06.2024. It was submitted that he cannot be regarded as a person eligible to be granted leave as sought for.

Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor and on perusing the documents handed over across the Bar by the learned Public Prosecutor, I am of the view that a lenient view can be adopted to grant a limited period of emergency leave considering the peculiar circumstances of the case.

The convict’s father died on 04.08.2024. Though the convict’s refusal to accept the escort parole offered to him should stand against his present claim, I am of the view that, as mentioned earlier, a liberal view can be taken and the convict ought to be granted a period of two days as emergency leave.

Hence, there will be a direction to the third respondent to grant two days emergency leave to Convict No.3762 (Subash) from 9.00 am on 28.09.2024 till 9.00 am on 30.09.2024. The third respondent shall pass appropriate orders granting the emergency leave as directed above on appropriate conditions.

This writ petition is disposed of as above.