Indian Authorities' Sentence Adaptation Fails to Meet International Agreement Requirements, Court Orders Compliance Explanation
In a significant ruling, the Madras High Court has deemed the sentence reduction for a convict repatriated from Sri Lanka as non-compliant with the international agreement between the two countries. The decision, delivered by a bench comprising Justices Dr. Anita Sumanth and Sunder Mohan, highlights the necessity for procedural compliance, including obtaining the transferring state's consent before modifying a sentence.
The case involved a habeas corpus petition filed by Mohamed Sameer, whose father, Zahir Hussain, was convicted by a Sri Lankan court for drug trafficking and sentenced to life imprisonment. Seeking to serve his sentence in India, Hussain was repatriated under the "Agreement between the Government of the Republic of India and the Government of the Democratic Socialist Republic of Sri Lanka on the transfer of sentenced persons."
However, upon repatriation, Indian authorities reduced Hussain's sentence to ten years, aligning it with the punishment prescribed under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, without securing consent from the Sri Lankan government. The High Court found this adaptation incompatible with Article 8 of the bilateral agreement, which requires the receiving state to either enforce the original sentence or adapt it with the transferring state's consent.
The Court emphasized that any modification of the sentence must correspond to Indian law without worsening the sentence's nature or duration. The judgment underscores the importance of procedural compliance in international agreements and directed the Indian authorities to explain their actions and remit costs to the High Court Legal Services Committee.
The case is scheduled for further hearing on June 25, 2026, as the Court seeks clarity on the procedural adherence by Indian authorities in modifying the sentence without the Sri Lankan government's consent.
Bottom line:-
Transfer of sentenced persons under an international agreement - Adaptation of sentence to Indian law must comply with the provisions of the agreement, including obtaining consent from the transferring State. Reliance on the agreement is invalid if procedural compliance is not demonstrated.
Statutory provision(s): Agreement Between India and Sri Lanka on Transfer of Sentenced Persons - Article 8, Narcotic Drugs and Psychotropic Substances Act, 1985 Section 21
