Kerala High Court Grants Emergency Parole | Father’s Presence Vital In Child’s Education Says Court | Let The Bright Child Step Into Plus Two With A Smile On His Face
Sanchayita Lahkar
The High Court of Kerala Single Bench of Justice P.V. Kunhikrishnan directed the Superintendent of the Central Prison and Correctional Home, Thavanur, to grant emergency leave for seven days to a life convict to enable him to assist his son in securing admission for higher secondary education. The Court held that the convict’s temporary presence was justified in view of the educational needs of his academically bright child and ordered his release from June 12, 2025, to June 18, 2025, upon execution of a bond with sureties. The writ petition was accordingly disposed of.
The petitioner, the wife of a convict currently serving a life sentence at the Central Prison and Correctional Home, Thavanur, approached the High Court of Kerala seeking relief on behalf of her husband. The convict, designated as Convict No.491/23, is undergoing imprisonment pursuant to a judgment rendered in Sessions Case No. 59/2018 by the Additional District and Sessions Court – III, Palakkad.
The petitioner’s request stemmed from the recent academic performance of her son, who had secured high marks in the Secondary School Leaving Certificate (SSLC) examination. Specifically, the student attained six A+ grades and two A grades. According to the petitioner, the presence of the father was necessary to arrange admission into a higher secondary course, including the payment of fees and fulfilment of related formalities.
The petitioner had initially submitted a formal request for parole or emergency leave through a representation referred to as Exhibit P1, addressed to the prison authorities. This request was declined by the authorities on the basis that no legal provision permitted release for such a purpose. Consequently, the petitioner filed the writ petition, invoking the Court’s jurisdiction to issue a writ in the nature of mandamus or any other suitable direction to instruct the prison authorities to consider her application.
During the proceedings, the Court required the petitioner to produce documentary evidence to support her claim regarding her son’s academic credentials. A provisional mark list, designated as Exhibit P2, was subsequently placed on record. This document reflected the student’s high level of academic achievement, reinforcing the petitioner’s argument that the father’s role was vital in facilitating his continued educational progress.
The petitioner did not seek any relief beyond a short emergency leave. Her prayer was narrowly tailored to ensure the child’s immediate educational needs could be met with the father’s assistance. The petitioner also sought exemption from producing English translations of vernacular documents submitted in support of the petition.
The State of Kerala, the Director General of Prisons and Correctional Services, and the Superintendent of the Central Prison and Correctional Home, Thavanur, were named as respondents. The respondents were represented by a Senior Public Prosecutor and opposed the petition on the ground that the Kerala Prisons and Correctional Services Rules did not authorize temporary release for reasons such as facilitating a child’s education.
The Court took note of the petitioner’s submissions and the supporting evidence, especially Exhibit P2, which detailed the academic performance of the petitioner’s son. The Court observed: “A perusal of the same would show that the child of the petitioner and the convict obtained six A+ and two A grade in SSLC examination.” It further recorded that “Such a bright student seeking the help of his father to get admission in a plus two course after arranging fees and other things.”
Acknowledging the exceptional performance of the student, the Court stated: “This Court cannot keep its eyes shut to such request from a convict.” Emphasizing the constitutional and human aspects of the issue, the Court noted: “The basic rights of the convict includes the right of a father to get good education to his child.”
It went on to note the importance of a father’s role in a child’s education: “A father’s presence plays a vital role in child’s higher education journey by offering emotional support, guidance and mentorship.” The Court balanced this consideration with the reality of the convict’s status: “It is true that, when a convict is in jail, the convict will lose some of his rights. But, the child of the convict should get the presence of his father for few days for a successful education year.”
The Court made a specific reference to the son, stating: “Let the bright child of the convict, namely Shahansha Rasheed, who secured six A+ in SSLC examination, spend a few days with his father.” The judge also recorded: “Shahansha Rasheed should go to the plus two course after getting blessings from his parents with a smile on their face.”
The judgment included a personal but restrained note of goodwill: “Let the almighty give blessings to Shahansha Rasheed for a bright future.”
In conclusion of the observations, the Court found that a case for grant of emergency leave was made out and warranted judicial intervention in the interest of justice.
The Court issued the following final directions: “The petitioner’s husband Rasheed son of Khader Moidheen (convict No.491/23) shall be released on emergency leave for a period of one week from 12.06.2025 to 18.06.2025 on condition that the convict will execute a bond for Rs.1,00,000/(Rupees One Lakh Only) with two solvent sureties each for the like sum, to the satisfaction of the jail authorities.”
Further, the Court directed: “The petitioner shall return back to the jail at 04.00 PM on 18.06.2025.”
With these directions, the writ petition was disposed of by the Single Bench of the Kerala High Court.
Advocates Representing the Parties
For the Petitioners: Sri. P.K. Varghese, Shri. M.T. Sameer, Shri. Jerry Mathew, Shri. Justin K.K., Smt. Devika K.R., Smt. Sawparnika Raju, Shri. Siyad Umeer
For the Respondents: Sri. Hrithwik C.S., Senior Public Prosecutor
Case Title: Shafeena P H v. State of Kerala & Others
Neutral Citation: 2025:KER:40489
Case Number: W.P.(Crl.) No. 689 of 2025
Bench: Justice P.V. Kunhikrishnan
[Read/Download order]
