AKHIL P.S Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner's father is undergoing imprisonment in the Central Prison and Correctional Home, Viyyoor, as C-3901. He was convicted for the offences punishable under Sec. 376 IPC and sentenced to imprisonment for seven years. He has already undergone imprisonment for 4 1/2 years. This writ petition is filed by the petitioner being aggrieved by the denial of emergency leave to the aforesaid convict for attending the religious rites to be performed in connection with the death of the brother of the convict. Even though an application was submitted in this regard, as evidenced by Ext.P2, the same was dismissed as per Ext.P3. This writ petition is submitted in such circumstances.

(2.) Heard Sri.Sherry J Thomas, learned counsel for the petitioner and Sri.C.S.Hrithwik, learned Senior Government Pleader for the State. The learned counsel for the petitioner contends that the brother of the convict passed away on 27/5/2022. It was pointed out that even though he was eligible for emergency leave as contemplated under Rule 400(1) (i) of Kerala Prisons and Correctional Services (Management) Rules, 2014 to attend the funeral of a near relative, including the brother of the convict, he could not avail the said benefit. Now, the religious rites in connection with the death of his brother are scheduled to be conducted on 7/7/2022. The convict wants to attend the aforesaid function, and Ext.P2 application was submitted in such circumstances, which was declined as per Ext.P3. The reason stated in Ext.P3 is that the benefit contemplated under Rule 400 (1) (i) is only to attend the funeral ceremony, and it does not extend to the religious rites concerning the death of close relatives.

(3.) The learned Senior Government Pleader stoutly opposes the prayer sought by the petitioner. It was pointed out that, the benefit granted under the above provision is confined to enabling the convict to attend the funeral ceremony. Under no circumstances would the same allow him to attend the religious rites concerning the death. On perusal of the records, I find some force in the contention of the learned Sr.Government Pleader in this regard.