Convict Not Entitled To Emergency Leave For Giving Care To Pregnant Wife: Kerala High Court

The Kerala High Court has recently passed a judgment denying emergency leave to a life convict to give pregnancy care to his wife, who was two months pregnant. It opined that extraordinary powers under Article 226 of the Constitution cannot be exercised granting parole to those convicted of serious offences, forgetting about the interests of the victims. 

Justice P.V. Kunhikrishnan observed:

"While granting emergency leave by invoking its extraordinary jurisdiction, this Court will always keep in mind the interests of the victims and their relatives as well. Their kith and kin might have been murdered after inflicting fatal injuries. Forgetting the victims, no court can grant parole to convicts sentenced in serious cases, invoking the extraordinary powers of this court. The court will always try to balance the interests of the victims and the basic needs of the convicts..." 

The Court referred to Rule 400(1) of the Kerala Prisons & Correctional Services (Management) Rules, 2014, which provides three circumstances in which emergency leave can be provided. These are: death or serious illness of very close relatives, the marriage of very close relatives and when the house of convict is partially or completely collapsed. 

It also referred to Sandhya v. Secretary, Secretariat, Tvm. [2023 (5) KHC 174], wherein it was held that in addition to the three aforesaid circumstances, the Court may exercise discretion to grant emergency leave in rare and exceptional circumstances, where the statutory remedy is not available.

In the present case, the petitioner was the wife of the convict, who was 42 years old and had conceived by IVF treatment. She had prayed for emergency leave for her husband stating that there is no one to care for her in the high-risk pregnancy.

However, the Court noted that the husband of the petitioner was convicted for murdering a person and it felt that the action of the Prison Superintendent (3rd respondent) in rejecting the application for emergency leave was justified.

The Court also noted that nowadays, convicts are approaching it for emergency leave citing birthdays, naming ceremonies, rice-feeding ceremonies, family function, etc. It opined that such pleas cannot be entertained unless there are actual emergency or extraordinary circumstances.

Earlier this month, the Court had declined the plea for emergency leave preferred by the wife of Sijith @ Annan Sijith, to attend their child's rice feeding ceremony. Sijith is presently undergoing life imprisonment in the T.P. Chandrasekharan murder case.

"...If this trend continues, convicts will soon come to this court to participate in local temple festivals, church festivals, family trips, or to visit places like Sabarimala and Guruvayoor. Most of the fundamental rights of the convicts are suspended when they are convicted and sent to jail. The same cannot be diluted by granting emergency leave to convicts regularly unless there are extraordinary situations. Every convict should know that the victim and their relatives are staring at them when they are in prison, and that staring is necessary and should be an eye-opener for their reformation", the Court remarked.

Thus, it dismissed the petition.

Case No: W.P.(Crl.) No. 978 of 2025

Case Title: Bindhu K.P. v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 488

Counsel for the petitioner: Jerry Mathew, Devika K.R.

Counsel for the respondent: Seetha S., Sr. Public Prosecutor

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