The High Court of Kerala on Monday declined to interfere with prison authorities’ decision on emergency leave, holding that courts must avoid unwarranted leniency in cases involving life convicts. The ruling came while hearing an urgent plea filed by the wife of a murder convict lodged at Kannur Central Prison.
Background of the Case
The petition was filed by Smitha P.G., the wife of Jyothy Babu, a life convict serving sentence following his conviction in a murder case. Jyothy Babu is presently confined at the Central Prison and Correctional Home, Kannur.
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According to the petition, a close relative of the convict—his father’s brother’s son-passed away on 28 December 2025. The family claimed that Jyothy Babu was the only elder male member capable of performing the essential religious funeral rites. On this basis, a request was submitted to prison authorities seeking ten days of emergency leave starting 29 December 2025.
When no immediate relief followed, the matter was brought before the High Court through a writ petition.
Counsel for the petitioner argued that denying leave would cause irreparable religious and emotional hardship to the family. It was submitted that funeral rites hold deep cultural significance and that the convict’s presence was indispensable.
Opposing the plea, the State contended that the relationship between the convict and the deceased was not close enough under prison rules to justify emergency leave. The prosecution also cautioned against extending undue sympathy in serious criminal cases.
Court’s Observations
After hearing both sides, Justice Jobin Sebastian examined the nature of the relationship and the material placed on record.
The court noted that although the petitioner claimed the convict was the only elder male capable of performing the rites, no documents or supporting evidence were produced to substantiate that assertion.
“The deceased is neither a parent nor a sibling of the convict,” the court observed, adding that the relationship was limited to that of a cousin.
The bench further underlined that emergency leave is an exception, not a routine entitlement. Granting such relief without strict scrutiny, especially in cases involving life convicts, could undermine the discipline and purpose of prison administration.
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Final Decision
Emphasising that the deceased was only the son of the convict’s paternal uncle, the court held that the relationship lacked sufficient proximity to warrant emergency leave.
The judge remarked that “unwarranted leniency in matters relating to emergency leave would be undesirable,” particularly when the prisoner is serving a life sentence for a serious offence.
Accordingly, the writ petition was dismissed, and no direction was issued to prison authorities to grant emergency leave.
Case Title: Smitha P.G. v. State of Kerala
Case No.: WP(Crl.) No. 1810 of 2025
Case Type: Criminal Writ Petition
Decision Date: 30 December 2025
