Kerala High Court Grants Emergency Leave to Convict for Daughter’s Lawyer Enrollment
In a unique decision, the court permits five days of leave for a convict to attend his daughter's enrollment ceremony, emphasizing emotional significance over legal precedent.
In a landmark decision made by the Kerala High Court, a convict, Abdul Muneer, has been granted emergency leave from Central Prison and Correctional Home, Tavanur, to attend his daughter's enrollment ceremony as a lawyer. The judgment was delivered by Justice P.V. Kunhikrishnan on October 9, 2025, in response to the petition filed by Muneer. The court's decision comes amidst a legal backdrop where emergency leave for convicts is typically restricted and not extended for personal family events.
Muneer, Convict No. 262/2025, had initially approached the court seeking to quash an order dated September 17, 2025, by the Superintendent of the prison that rejected his request for emergency leave. His daughter, who completed her LLB course at the School of Legal Studies, Kannur, is scheduled to enroll on October 11 and 12, 2025, a ceremony that holds significant emotional value for both her and her father.
During the hearing, Justice Kunhikrishnan acknowledged the established legal principle that emergency leave cannot be granted to convicts in all situations. However, he emphasized the emotional significance of the event for Muneer's daughter. The court recognized the unique bond between a father and his child and the importance of the father's presence during such a pivotal moment in the daughter's life.
The judgment reflects a compassionate and empathetic approach by the judiciary, balancing legal norms with personal circumstances. Justice Kunhikrishnan noted that while Muneer is a convict, the emotional wellbeing of his daughter was a critical consideration. The court stated, "Let that girl enroll as a lawyer in the presence of her father. This Court cannot shut its eyes to the feeling of the daughter."
The court ordered that Muneer be released on emergency leave from October 10 to October 14, 2025, upon executing a bond of Rs. 1,00,000 with two solvent sureties for the like sum to the satisfaction of the jail authorities. This decision, however, was expressly stated not to set a legal precedent, emphasizing its applicability only to the peculiar facts and circumstances of this case.
This judgment is a significant example of the judiciary's ability to adapt and respond to individual cases with sensitivity, reinforcing the human element within the legal system. It underscores the judiciary's role in considering the broader implications of legal decisions on individuals and families.
Bottom Line:
Emergency leave for a convict granted in consideration of the emotional significance of attending his daughter's enrollment ceremony as a lawyer. Leave granted in the peculiar facts and circumstances of the case, without setting a precedent.
Statutory provision(s): Emergency leave for convicts, Principles for grant of emergency leave, Quashing orders, Execution of bond for leave.
