In a compassionate ruling, the Kerala High Court has permitted a prisoner to attend his daughter's enrollment as an advocate, setting aside the prison authorities earlier refusal. Justice P.V. Kunhikrishnan delivered the order on October 9, 2025, while hearing W.P.(Crl.) No.1313 of 2025 filed by Abdul Muneer, currently serving time at the Central Prison and Correctional Home, Tavanur.
The petitioner, aged 50, had applied for a five-day emergency leave to attend his daughter's enrollment function scheduled on October 11 and 12 at Kannur. His request, however, was turned down by the prison superintendent, citing that such leave is not permissible in all circumstances.
Muneer challenged this decision before the High Court, arguing that the occasion was a once-in-a-lifetime moment for his daughter, who wished to be accompanied by her father.
The bench acknowledged the general principle that emergency leave cannot be granted for every event. Referring to a recent ruling in Bindhu K.P. v. State of Kerala, Justice Kunhikrishnan observed that enrollment as an advocate did not, by itself, automatically qualify as an emergency under the rules.
Yet, the judge chose to view the matter through the eyes of the daughter.
"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," the bench observed.
Balancing the rigidity of the prison rules with the emotional needs of the family, the court allowed Muneer five days of emergency leave. The earlier rejection order (Ext.P3) was quashed. The convict will be released from October 10 to October 14, 2025, upon furnishing a bond of ₹1,00,000 with two solvent sureties. He must return to jail immediately after the leave period.
Importantly, Justice Kunhikrishnan clarified that the decision was based on the peculiar facts of this case and "need not be taken as a precedent" for future requests.
Case Title: Abdul Muneer v. Superintendent, Central Prison & Correctional Home, Tavanur & Others
Case Number: W.P.(Crl.) No. 1313 of 2025
Petitioner's Counsel: Shri Sunny Mathew, Smt. Bhavana K.K
Respondent's Counsel: Sr. Public Prosecutor, Sri Hrithwik C.S