Kerala High Court
Madhurakuzhiyan Mahzoom vs The Superintendent on 6 May, 2025
2025:KER:33585
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 6TH DAY OF MAY 2025 / 16TH VAISAKHA, 1947
WP(CRL.) NO. 519 OF 2025
AGAINST THE ORDER/JUDGMENT IN SC NO.99 OF 2013 OF
ADDITIONAL SESSIONS COURT (ADHOC) III, MANJERI
PETITIONER:
MADHURAKUZHIYAN MAHZOOM
AGED 38 YEARS, S/O ALIMON,
VADAKKECHALI HOUSE, KUNIYIL,
MALAPPURAM, PIN - 673639.
BY ADVS.
SUNNY MATHEW
BHAVANA K.K
RESPONDENTS:
1 THE SUPERINTENDENT
CENTRAL PRISON & CORRECTIONAL HOME,
KANNUR, PIN - 670004.
W.P.(Crl)No.519 of 2025
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2 THE DEPUTY SUPERINTENDENT OF POLICE
NARCOTIC CELL, MALAPPURAM DISTRICT,
PIN - 676509.
3 STATE OF KERALA
REP. BY THE CHIEF SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
BY ADV.SRI.SREEJA V, SR.PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 06.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(Crl)No.519 of 2025
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JUDGMENT
Dated this the 6th day of May, 2025
The writ petition filed by the petitioner who is a convict
undergoing life imprisonment at the Central Prison and
Correctional Services, Kannur, seeking emergency leave to attend
the religious function to be held at his home on 10.05.2025 in
connection with the Hajj Pilgrimage proposed to be undertaken by
his aged parents on 11.05.2025.
2. Heard the learned counsel appearing for the petitioner
as well as the learned Public Prosecutor.
3. The learned counsel for the petitioner pointed to Ext.
P1 pilgrim information issued by the Haj Committee of India
relating to petitioner's father and mother and submitted that the
religious event in the said connection is proposed to be held at his
home on 10.05.2025. It is submitted that the 1 st respondent has
informed that the application preferred by the petitioner seeking
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emergency leave to attend the event on 10.05.2025 cannot be
allowed as the relevant legal norms does not permit the same. The
learned counsel submits that the petitioner is of good behaviour
and conduct and if not emergency leave, petitioner may be
permitted to avail escort visit as envisaged in law. Reliance is also
placed by the learned counsel on the dictum laid down by the
Hon'ble Supreme Court in Poonam Lata v. M.L.Wadhawan and
others [(1987) 3 SCC 347]; Asfaq v. State of Rajasthan and
others [(2017) 15 SCC 55] and on the judgments rendered by this
Court in Sandhya v. Secretary, Home Department and others
[W.P.Crl.No.314/2023] and B.G.Krishna Murthy v. Union of
India and others [(2025) SCC OnLine KER 464].
4. Per contra, the learned Public Prosecutor submitted
that emergency leave as sought by the petitioner cannot be
granted as per the relevant Rules and his application in the said
respect is fit to be rejected.
5. I find merit in the submission of the Public Prosecutor
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that Rule 400 (i), (ii) and (ii) of the Kerala Prisons and Correctional
Services (Management) Rules, 2014 do not envisage the grant of
emergency leave for the purpose as sought by the convict.
However, I note that Section 79 of the Kerala Prisons and
Correctional Services (Management) Act, 2010 provides for 'escort
visit' for prisoners who are not eligible for emergency leave, to visit
relatives etc., under escort, on such circumstances as prescribed
in the relevant Rules. Rule 415 of the Kerala Prisons and
Correctional Services (Management) Rules, 2014 also speaks of
the entitlement and modalities for providing such an escort visit. I
note that the Hon'ble Supreme Court has in Asfaq's case (supra)
while stressing on the reformative theory of punishment, held that
administrators ought to encourage those offenders who
demonstrate a commitment to reconcile with society and whose
behaviour reveals that they aspire to live as law-abiding citizens
and opined as follows:
"Convicts too must breathe fresh air for at least some
time provided they maintain good conduct consistently
during incarceration and show a tendency to reform
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themselves and become good citizens. Thus, redemption
and rehabilitation of such prisoners for good of societies
must receive due weightage while they are undergoing
sentence of imprisonment."
6. In the facts and circumstances of this case, after hearing
both sides, I deem it fit to dispose of this writ petition with the
following directions:
(i) If the convict prefers an application seeking an
escort visit to attend the religious event to be held in his house
on 10.05.2025, the 1st respondent shall expeditiously consider
the same and enable an escort visit to the convict to attend his
house on 10.05.2025 as envisaged under Section 79 of the
Kerala Prisons and Correctional Services (Management) Act,
2010 and Rule 415 of the Kerala Prisons and Correctional
Services (Management) Rules, 2014.
(ii) The 1st respondent shall be free to fix the modalities
and conditions as deemed necessary for facilitating such an
escort visit.
(iii) The petitioner shall, in advance, furnish to the 1st
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respondent, the address details of his house wherein the
religious function is to be held and which he proposes to visit
on 10.05.2025. The escort visit shall be facilitated to the said
address alone.
(iv) Mindful of the solemnity of the occasion, the officers
escorting/accompanying the convict shall not be in uniform.
W.P. (Crl) is disposed of as above.
Sd/-
SYAM KUMAR V.M.
JUDGE
ams
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APPENDIX OF WP(CRL.) 519/2025
PETITIONER'S EXHIBIT
Exhibit P1 TRUE COPY OF THE COMMUNICATION FROM
THE HAJJ COMMITTEE ISSUED TO THE
PARENTS OF THE PETITIONER
