SUBAIDATH v. THE STATE OF KERALA
Case at a glance
- Bench
- BECHU KURIAN THOMAS
Outcome
Disposed of
Writ petition is disposed of as above
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 55. Accordingly, there will be a direction to respondents 2 and 3 to issue appropriate orders granting emergency leave to the petitioner’s husband for a period of ten days from 07.02.2024 onwards inclusive of the time for travel, after incorporating appropriate conditions. Writ petition is…
Judgment
Sri. A.Mohammed, the learned counsel for the petitioner contended that, the application has now been rejected citing adverse Police report that relatives of the victim may retaliate which could create untoward incidents. It was submitted that the said reason is without any basis as petitioner’s husband was on bail for twelve years, during which period no untoward incident had ever occurred.
Sri. Ashi.M.C, the learned Public Prosecutor stated that petitioner’s husband was convicted for murder and therefore, he ought W.P.(Crl.).No.92 of 2024 -:4:- not to be granted emergency leave.
Admittedly, convict’s daughter Ms.Noufiya is getting married on 11.02.2024. His presence in the marriage is essential. The Rules provide for the grant of leave for the marriage of immediate relatives. The reason stated by the prison authorities for rejecting the application for leave as submitted by the learned Public Prosecutor cannot hold good, in view of the petitioner’s husband being on bail for several years without any reported instances of violence or other untoward incidents. Therefore, Petitioner’s husband ought to be permitted to attend the wedding of his daughter scheduled to be held on 11.02.2024. Considering the circumstances, emergency leave ought to be granted to him for a period of ten days, inclusive of the time for travel.
Operative part
Accordingly, there will be a direction to respondents 2 and 3 to issue appropriate orders granting emergency leave to the petitioner’s husband for a period of ten days from 07.02.2024 onwards inclusive of the time for travel, after incorporating appropriate conditions. Writ petition is disposed of as above. Jka/02.02.24. Sd/- BECHU KURIAN THOMAS JUDGE W.P.(Crl.).No.92 of 2024 -:5:- APPENDIX OF WP(CRL.) 92/2024 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 THE TRUE COPY OF THE INVITATION CARD OF THE MARRIAGE OF PETITIONER'S DAUGHTER. THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 12.12.2023. THE TRUE COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DATED 04.01.2024. THE TRUE COPY OF THE REPRESENTATION TO THE 1ST RESPONDENT DATED 15.01.2024. THE TRUE COPY OF THE ORDER NO.C.P.5/42/3433/2024 DATED 13/01/2024 OF 3RD RESPONDENT.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ petition is disposed of as above
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.