The Kerala High Court recently allowed a life convict at Malappuram Central Prison one week of emergency leave to assist his son in securing admission for higher secondary education.

The order was passed by Justice PV Kunhikrishnan.

The Court emphasized that while incarceration restricts certain rights, it does not extinguish a convict's fundamental right as a parent to support their child's education.

“The basic rights of the convict include the right of a father to ensure good education for his child. A father’s presence plays a vital role in the child’s higher education journey by offering emotional support, guidance, and mentorship,” the Court observed. “It is true that, when a convict is in jail, he loses some of his rights. But the child of the convict deserves his father’s presence for a few days to begin a successful academic year.”

The petition had been moved by the convict’s wife, who informed the Court that their son had recently passed the Secondary School Leaving Certificate (SSLC) examination with six A+ and two A grades. She submitted that the father's assistance was necessary during the crucial phase of securing admission to a higher secondary course.

Earlier, prison authorities had denied the parole request, citing the absence of any provision for emergency leave on such grounds. This led the petitioner to approach the High Court.

Taking into account the child's academic performance and the purpose behind the parole request, the Court ruled in favor of granting temporary leave. It also expressed hope for the student’s bright future in a heartfelt note:

“Let the bright child of the convict, namely XXXX, who secured six A+ in the SSLC examination, spend a few days with his father. XXXX should step into the plus-two course after receiving the blessings of his parents with a smile on his face. Let the Almighty bless XXXX with a bright future,” the Court remarked.

Accordingly, the High Court directed the release of the convict on emergency leave for seven days.

The petitioner was represented by advocates PK Varghese, MT Sameer, Jerry Mathew, Justin KK, Devika KR, Sawparnika Raju, and Siyad Ummer.
Senior Public Prosecutor Hrithwik CS appeared for the State.