SHAFEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the wife of the convict who is undergoing imprisonment at the Central Prison and Correctional Home, Thavanoor. The petitioner's father/father-in-law of the convict underwent a surgery and he is hospitalised at Avitis Super Specialty Hospital, Palakkad. An application for emergency leave submitted by the petitioner was rejected as per Ext.P2 order by the 3rd respondent on the ground that the application is not supported by the certificate of a Civil Surgeon. It is in these circumstances, the petitioner has approached this Court.

(2.) I have heard the learned counsel for the petitioner and the learned Prosecutor Sri. M.P. Prasanth.

(3.) Ext.P1 medical certificate would show that the father of the petitioner underwent emergency laparoscopic cholecystectomy on 17/1/2025. It is submitted that the father of the petitioner is still in hospital. In these circumstances, there is no point in insisting for a certificate by the Civil Surgeon, inasmuch as the father of the petitioner cannot go before a Civil Surgeon to get medical certificate. Hence, the 3rd respondent is directed to take a decision based on the medical certificate issued by the doctor who treated the petitioner's father. The petitioner is free to produce any other medical records before the 3rd respondent. The 3rd respondent shall take a decision on the application for emergency leave of the convict within five days from the date of the receipt of the copy of this judgment. The petitioner shall produce a copy of the judgment before the 3rd respondent for compliance.