Kerala High Court Denies Emergency Leave for Convict to Perform Cousin’s Funeral Rites, Court rules relationship not sufficiently proximate, emphasizes need for stricter scrutiny in parole requests for serious offenses.
In a significant ruling, the Kerala High Court dismissed a writ petition filed by Smitha P.G., seeking emergency leave for her husband, Jyothy Babu, a convict serving a life sentence for murder, to perform the funeral rites of his deceased cousin. The judgment, delivered by Justice Jobin Sebastian on December 30, 2025, emphasized the need for a proximate relationship to warrant such leave and highlighted the importance of maintaining strict standards in granting parole, especially for convicts involved in serious offenses.
The petitioner, Smitha P.G., argued that her husband was the sole elder male member of the family capable of conducting the essential religious funeral rites for his deceased cousin, who passed away on December 28, 2025. She had sought a ten-day emergency leave for her husband from the Central Prison and Correctional Home, Kannur, where he is currently serving his sentence.
However, the court found that the relationship between the convict and the deceased, being that of cousins, was not sufficiently close to justify the grant of emergency leave. The court also noted the lack of material evidence provided by the petitioner to substantiate her claim that her husband was the sole competent family member to perform the rites.
Justice Sebastian concurred with the arguments presented by the learned Government Pleader, who opposed the petition on the grounds of insufficient proximity of the relationship. The court further stated that unwarranted leniency in granting emergency leave or parole could be undesirable, particularly given the serious nature of the offense for which the convict was imprisoned.
This judgment underscores the judiciary's cautious approach in handling parole and emergency leave applications, especially for convicts involved in grave crimes like murder. It also sets a precedent for the evaluation of familial relationships in such cases, ensuring that emergency leave is granted only when genuinely warranted by close familial ties.
Bottom Line:
Emergency leave or parole cannot be granted to a convict for performing funeral rites of a relative unless the relationship is sufficiently close, such as a parent or sibling, and the convict has provided material evidence to substantiate the claim.
Statutory provision(s): None explicitly mentioned in the judgment.
Smitha P.G v. State of Kerala, (Kerala) : Law Finder Doc id # 2831321
