Kerala High Court grants emergency leave to convict to attend daughter's enrolment as a lawyer

The Kerala High Court on Thursday allowed emergency leave of five days to a convict to attend his daughter's enrolment as a lawyer [Abdul Muneer v The Superintendent & ors].

Justice PV Kunhikrishnan observed that though convicts are not ordinarily entitled to emergency leave for such occasions, the emotional significance of the enrollment function for the daughter necessitated an empathetic approach.

The judge stated that it could not turn a blind eye to the emotional wish of the daughter who dreamt of being enrolled as a lawyer in the presence of her father.

"A young girl completed her LLB course, and it is her dream to enroll as a lawyer. Her intention is to do the same in the presence of her father, who is in jail. Even if the petitioner is a convict and the whole world is treated him as a criminal, the father will be one of the hero of every child. 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. Considering the facts and circumstances of the case and also considering the feeling of the daughter, I think five days leave can be granted to the petitioner," the Court said.

The convict, lodged in Tavanur's Central Prison & Correctional Home, had sought five days' leave from October 10 to 14 to attend the ceremony.

The plea was rejected by prison authority by an order dated September 17.

He then approached the High Court seeking to quash the prison authority's order and to permit his temporary release.

His counsel submitted that the petitioner's daughter completed her LLB from Kannur and was slated to be enrolled on October 11 and 12.

The public prosecutor opposed the plea stating that emergency leave cannot be granted for all personal occasions and should be confined to genuinely exceptional circumstances.

The Court, while acknowledging that emergency leaves should not be granted to convicts as a matter of routine, observed that this case was a peculiar one.

It emphasised that the presence of a father at such an event from a daughter's perspective carried a lot of emotional significance and the court could not ignore the same.

Thus, it directed the prison authorities to temporarily release the convict, while making it clear that the release of the convict was allowed considering the exceptional circumstances of the case and should not be treated as a precedent.

The petitioner was represented by advocates Sunny Mathew and Bhavana KK.

Senior public prosecutor Hrithwik CS appeared for the state.

[Read Judgment]