Kerala High Court
Salma vs The Secretary on 17 May, 2024
WP(Crl.) No.502/2024 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 17th day of May 2024 / 27th Vaisakha, 1946
WP(CRL.) NO. 502 OF 2024(S)
PETITIONER:
SALMA, AGED 48 YEARS, W/O. C.M.SIDHIK, CHELOTTIL HOUSE,
KANJIRAPUZHA GRAMA PANCHAYATH, MANNARKKAD, PALAKKAD DISTRICT,
PIN - 678 582.
RESPONDENTS:
1. THE SECRETARY, HOME DEPARTMENT, STATE OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2. DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES, PRISONS
HEADQUARTERS, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695 012.
3. THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL HOME, TAVANUR,
MALAPPURAM DISTRICT, PIN - 679 573.
4. THE STATION HOUSE OFFICER, MANNARKKAD POLICE STATION, PALAKKAD
DISTRICT, PIN - 678 582.
Writ Petition (Criminal) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(Crl.) the
High Court be pleased to release C.M.Sidhik, S/o. Muhammed on Emergency
Leave/Parole, from the Central Prison, Tavanur, without insisting a
favourable police report, pending disposal of the above Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(Crl.) and upon hearing the arguments
of M/S. P.MOHAMED SABAH, LIBIN STANLEY, SAIPOOJA, SADIK ISMAYIL,
R.GAYATHRI, RAYEES P., M.MAHIN HAMZA, ALWIN JOSEPH & BENSON AMBROSE,
Advocates for the petitioner and of PUBLIC PROSECUTOR for the respondents,
the court passed the following:
P.T.O.
WP(Crl.) No.502/2024 2/6
VIJU ABRAHAM , J.
===========================
WP (Crl.) No.502 of 2024
============================
Dated this the 17th day of May, 2024
ORDER
The petitioner has approached this Court seeking a
direction to respondents 1 and 3 to release C.M. Sidhik,
S/o Muhammed on Emergency Leave/Parole for five days
excluding the time taken for journey.
2. The learned Public Prosecutor on instructions
submits that, the request made by the petitioner has been
rejected by the 3rd respondent for the reason that, the
Election Commissioner has issued a direction that only on
compelling and essential circumstance the leave could be
granted.
3. The learned counsel appearing for the petitioner
would submit that, the petitioner's husband is entitled for
an emergency leave as per Rule 400( (9) (iv) of Kerala
Prisons and Correctional Services (Management) Rules,
2014 and that as per Ext.P3 judgment, leave has been
granted in a similar circumstance. In fact, the only
direction issued by the Election Commission is that leave
could be granted only on compelling an essential
circumstance and not a blanket order.
4. The petitioner submits that her husband is
entitled to get leave for attending the marriage of his
nephew as specified under the provisions of Section 400
(9) (iv) of the Kerala Prisons and Correctional Services
(Management) Rules, 2014, which the 3rd respondent is
bound to consider in accordance with law. It is submitted
by the learned Public Prosecutor only direction issued by
the election commission is that leave should be granted
only on compelling and essential circumstance and
therefore the 3rd respondent is bound to consider as to
whether there is essential and compelling circumstance in
the case of the petitioner.
In view of the above, there will be a direction to
the 3rd respondent to consider the request of the
petitioner, taking into consideration of Ext.P3 judgment in
W.P.(Crl.) No.58 of 2024. As the nephew's marriage is to
be held on 19th May, 2024, the 3rd respondent shall take a
decision on the request on or before 18.05.2024.
Post on 22.05.2024.
Sd/-
VIJU ABRAHAM
JUDGE
SRJ
17-05-2024 /True Copy/ Deputy Registrar
APPENDIX OF WP(CRL.) 502/2024
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 24.01.2024 IN W.P.
(CRL) NO. 58/2024 PASSED BY THIS HONOURABLE COURT.
17-05-2024 /True Copy/ Deputy Registrar
