JUDGMENT 1. Petitioner is the wife of convict A.Ibrahim, Son of late.Aboobacker, convict No. 5398, who is serving sentence since 11.12.2013 at Central Prison, Puzhal, Chennai. According to the petitioner, her daughter E.Ayishath Shanas marraige has been arranged with N.Sahad Basheer, S/o. Basheer Haji (Chikku), who hails from Kasaragod, Kerala and that the marriage is to be solemnized on 02.02.2014 at Amina Manzil, Choori, Kerala. The petitioner has made a representation to the respondents on 07.01.2014 with a request to grant parole from 31.01.2014 to 07.02.2014 to her husband to enable him to arrange the marriage and participate in the marriage and other related functions. But, so far the respondents have not passed any order and, therefore, the petitioner is before this Court in this writ petition. 2. Mr.K.Sadhanandan, learned counsel appearing for the petitioner, submits that the marriage of the convict's daughter has been fixed on 02.02.2014 and even though a request was made to the respondents on 07.01.2014, no decision has been taken thereon by the respondents. He also would submit that as per the Tamil Nadu Prison Manuals, the right of the convict to attend the marriage of kith and kin is permissible and when the character and conduct of the prisoner is satisfactory, there is no legal impediment for the authorities concerned in considering the request for parole. 3. Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who took notice for the respondents, has submitted that the petitioner's husband is a convict under NDPS Act and was sentenced to undergo imprisonment for 10 years, consequent thereto, he was confined to the prison only on 11.12.2013, due to which, jail authorities find it difficult to ascertain the conduct of the prisoner within a short span of time. Moreover, the convict belongs to Kasaragode, Kerala and therefore, if he is allowed to go on emergency leave, it will cause great prejudice to the respondents. He has also strongly opposed in granting emergency leave to the convict, stating that there is no report from the Probationary Officer in this regard 4. I have heard the learned counsel appearing on either side and perused the materials made available to the Court. 5. It is not in dispute that the petitioner's husband A.Ibrahim has been convicted for 10 years imprisonment and is undergoing sentence at the Central Prison, Puzhal, Chennai. I have heard the learned counsel appearing on either side and perused the materials made available to the Court. 5. It is not in dispute that the petitioner's husband A.Ibrahim has been convicted for 10 years imprisonment and is undergoing sentence at the Central Prison, Puzhal, Chennai. It is also seen from the marriage invitation annexed in the typed set of papers filed along with this writ petition that petitioner's daughter's marriage is scheduled to be solemnised on 02.02.2014 (Hijra 1435 Rabi-Ul-Aqir) at 10:00 a.m. In Amina Manzil, Choori, Kerala. The claim of the petitioner is that a representation has been made on 07.01.2014. But, it is reported that since the convict was confined to the prison only on 11.12.2013, his character and conduct could not be verified within a short span of time. Whatever be the position, the request of the petitioner for release of her husband from 31.01.2014 to 07.02.2014 cannot be acceded in toto. Rule 13 of the Tamil Nadu Suspension of Sentence Rules, 1982 provides as follows: "13. Maximum period of emergency leave: The total period of emergency leave to be granted to a prisoner by the Superintendent of Prisons or the Inspector – General of Prisons, as the case may be, shall be fifteen days in a year to be spread over four spells, subject to the maximum of six days in any one spell according to the need of the prisoner on the occasion and the remaining nine days in three spells each spell not exceeding three days at a time and the decision of the superintendent or the Inspector-General of prisons in deciding the duration of the spell shall be final. However, in exceptional cases, the Government may extend the period of emergency leave following the procedure prescribed in rule 34. Application for emergency leave for the fifth time in a year shall be submitted to Government for prior orders." 6. A reading of this provision makes it clear that even the prison authorities, namely, the Superintendent of Prison and the Inspector General of Prison can grant six days leave in one spell according to the need of the prisoner. In the instant case, the petitioner has requested for seven days' leave. This request should have been considered atleast for a minimum period of 5 to 6 days, as the request for leave is to solemnize the marriage of the convict's daughter. In the instant case, the petitioner has requested for seven days' leave. This request should have been considered atleast for a minimum period of 5 to 6 days, as the request for leave is to solemnize the marriage of the convict's daughter. On the contrary, learned Special Government Pleader, while producing a copy of the communication received via email from the Sub-Inspector of Police, Kasaragod, would submit that since the convict is in jail for less than two months, his character and conduct has not been verified within the shortest period. This could not be the acceptable position even as per the Prison rules. The report received from the Sub-Inspector of Police, Kasaragod reads as under: "Kind attention is invited to the reference cited. Enqiry has been made about the application convit prisoner No.5398 Ibrahim S/o.Aboobaker, Shana Manzil, Chalakunnu, Chala road Vidyanagar, Ksaragod District and it revealed that the marriage of his daughter namely Ayshath Shana.E is scheduled to be solemnized on 02.02.14 at Kasaragod with the bride groom namely Shahad Basheer.N, S/o.Basheer Haji (Chicku) Amina Manzil, Choori Post RD Nagar, Kasaragod. The address given by the convict found to be true. He has on house bearing Kasaragod municipality ward no.XI/442. No threat precipitation is existing against the convict at Kasaragod and there is no chance to any law and order issued is come out on leave." 7. Considering the aforesaid circumstances, as the petitioner, wife of the convict, has sought for seven days' leave to him, this Court is of the considered opinion that the convict can be granted a minimum of four days leave to enable him to solemnize his daughter E.Ayshath Shana's marriage with N.Shahad Basheer on 02.02.2014. 8. Accordingly, the 4th respondent is directed to release the convict A.Ibrahim, S/o.Late Aboobacker on leave from Central Prison, Puzhal, Chennai at 10:30 a.m. on 31.01.2014 after following the usual procedure and other safeguarding measures in accordance with the Prison manual and he shall be taken back to the Central Prison, Puzhal, Chennai before 5.00 p.m. on 04.02.2014. 8. Accordingly, the 4th respondent is directed to release the convict A.Ibrahim, S/o.Late Aboobacker on leave from Central Prison, Puzhal, Chennai at 10:30 a.m. on 31.01.2014 after following the usual procedure and other safeguarding measures in accordance with the Prison manual and he shall be taken back to the Central Prison, Puzhal, Chennai before 5.00 p.m. on 04.02.2014. The Superintendent of Central Prison, Puzhal, Chennai / 4th respondent, shall provide utmost escort, headed by a Deputy Superintendent of Police to the convict from the Central Prison, Chennai, from the time he leaves the Central Prison, Chennai and till such time he is taken back to the Central Prison, Chennai, on the said date and time as ordered by this Court. However, the costs shall be borne by the petitioner. 9. This writ petition stands disposed of. No costs.