SMITHA P.G. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is fled by the wife of one Jyothy Babu, a convict prisoner presently lodged at the Central Prison and Correctional Home, Kannur. The husband of the writ petitioner is undergoing life imprisonment pursuant to the judgment dtd. 27/2/2024, passed by this Court in Crl.A. No. 403/2014 (arising out of S.C. No. 867/2016 on the fle of the Additional Sessions Court, Kozhikode).

(2.) In the writ petition, it is contended that the convict's father's brother's son passed away on 28/12/2025 and that the convict is the only elder male member of the family capable of performing the essential religious funeral rites of the deceased. Be that as it may, the writ petitioner, who is the wife of the convict, submitted a representation before the Superintendent of Jail, Kannur, seeking emergency leave for a period of ten days. In the writ petition, the following reliefs are sought;

(3.) I heard the learned counsel appearing for the petitioner and the learned Government Pleader. The learned Government Pleader opposed the petition, mainly contending that the relationship between the convict and the deceased is not suffciently close to warrant the grant of emergency leave.