SOUBINA Vs. SUPERINTENDENT

JUDGEMENT

(1.) The petitioner is the wife of convict No.28/22(C.No.28/22) who is the appellant in Crl.Appeal No.169/2021 and A3 in SC No.530/2009 of Fast Track Special Court, Kozhikode, for releasing the convict on emergency leave to conduct the marriage of his daughter, which is scheduled to be solemnized on 27/1/2024. Ext.P2 is the wedding invitation. As per Ext.P4 order dtd. 19/1/2024, the Superintendent of Central Prison and Correctional Home, Thavannoor, Malappuram granted him emergency leave for 3 days from 25/1/2024 to 27/1/2024 with travel time for one more day, ie. 28/1/2024. According to the petitioner, the convict, who is the father of the bride is the only person to take care of the marriage ceremony, and so, it is absolutely necessary to release him on emergency leave for a period of 60 days.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor.

(3.) As per Rule 400 of the Kerala Prisons and Correctional Services (Management) Act and Rules, 2014, the jail superintendent is competent to grant emergency leave upto 10 days, and the Director General of Prisons can grant emergency leave upto 15 days, and the Home Secretary can grant emergency leave upto 30 days. As per Rule 400(12), emergency leave can be granted for the marriage of daughter of the convict. Rule 400(11) and (12) read as follows:-