The Kerala High Court granted a convict five days’ emergency leave to attend his daughter’s LLB enrolment ceremony, citing the emotional significance of a father’s presence. The court clarified this was an exceptional case and not a precedent.
Thiruvananthapuram: In a rare and empathetic move, the Kerala High Court on Thursday allowed a convict five days of emergency leave to attend his daughter’s enrolment as a lawyer. The case, Abdul Muneer v The Superintendent & Ors, highlighted the emotional significance of a father’s presence during such a milestone event.
Justice PV Kunhikrishnan observed that while convicts are generally not entitled to emergency leave for personal events, the circumstances of this case required a compassionate approach.
The judge said,
“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 convict, currently lodged in Tavanur’s Central Prison & Correctional Home, had requested leave from October 10 to 14 to attend his daughter’s enrolment ceremony. Earlier, his plea was rejected by the prison authorities on September 17.
He then approached the High Court seeking to quash the prison authority’s order and allow his temporary release.
His counsel highlighted that the petitioner’s daughter had completed her LLB from Kannur and was scheduled 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 limited to genuinely exceptional circumstances.
However, the Court recognised that while emergency leaves should not be routinely granted to convicts, this case was an exception due to the emotional significance involved.
Justice Kunhikrishnan emphasised that the presence of a father at such an important event is deeply meaningful from the daughter’s perspective and cannot be ignored.
Consequently, the Court directed the prison authorities to temporarily release the convict. It clarified that this decision was based on the exceptional circumstances of the case and should not be treated as a precedent for other similar requests.
The petitioner was represented by advocates Sunny Mathew and Bhavana KK, while Senior Public Prosecutor Hrithwik CS appeared for the state.
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