Kerala HC Allows Life Convict One-Week Leave To Support Son’s Admission to Higher Education [Read Judgment]

Kerala: The Kerala High Court has delivered an order granting emergency leave to a life convict, emphasizing the fundamental right of a father to support his child’s educational journey and the importance of parental presence in academic milestones.

Justice P.V. Kunhikrishnan made crucial observations on the rights of convicts and the welfare of their children, particularly in matters of education.

The court addressed a writ petition filed by Shafeena P.H., wife of convict Rasheed K. (Convict No. 491/23), who is serving a life sentence at the Central Prison and Correctional Home, Thavanur. The court noted that the petitioner’s son had completed the 10th standard with exceptional marks and required his father’s presence for admission to higher studies.

Addressing the child’s academic achievements, the court observed, “A perusal of the same would show that the child of the petitioner and the convict obtained six A+ grades and two A grades in the SSLC examination.”

The court highlighted the fundamental rights of convicts concerning their children’s welfare, stating, “The basic rights of a convict include the right of a father to ensure good education for his child. A father’s presence plays a vital role in a child’s higher education journey by offering emotional support, guidance, and mentorship.”

In a significant observation balancing convict rights with parental duties, the court remarked, “It is true that when a convict is in jail, he loses some of his rights. But the child of a convict should have the presence of his father for a few days during such a crucial academic phase.”

The court issued specific directions granting Rasheed, son of Khader Moidheen, emergency leave for one week — from June 12, 2025, to June 18, 2025 — subject to executing a bond of ₹1,00,000 with two solvent sureties.

The court further emphasized the importance of parental support in a child’s academic progress, especially for a bright student who secured six A+ grades in the SSLC examination.

In conclusion, the court observed, “Let the bright child of the convict, namely Shahansha Rasheed, who secured six A+ grades in the SSLC examination, spend a few days with his father. Shahansha Rasheed should begin his Plus Two course after receiving the blessings of his parents, with a smile on their faces.”

Mr. P.K. Varghese, M.T. Sameer, Jerry Mathew, Justin K.K., Devika K.R., Sawparnika Raju, and Siyad Ummer, Advocates, appeared for the petitioner, while Mr. Hrithwik C.S., Senior Public Prosecutor, appeared for the State of Kerala.

Case Title: Shafeena P.H. vs. State of Kerala & Ors.

[Read Judgment]