HC: Pact's terms to apply on convicts transferred from UK

Saurabh Malik

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Tribune News Service

Chandigarh, December 16

The Punjab and Haryana High Court has made it clear the parole cases of Indian citizens convicted by the courts in the UK, but subsequently transferred to India to serve the remaining sentence as per the Indo-UK agreement, would be governed by the pact’s terms and conditions.

Will refrain from passing order

This court should refrain from passing any such order which would result into making any dent in the harmonious relationship between the two countries — Justice Sant Parkash, HC Judge

According to the law of the transferring country, the concession should not be extended to prisoners until they moved to open prison conditions, which happened around two years prior to the minimum term’s expiry date

Taking up a bunch of three petitions, Justice Sant Parkash asserted the petitioners were transferred to India after being convicted by the courts in the UK under the Indo-UK Transfer of Sentenced Persons (TSP) Agreement.

They could not be allowed to blow hot and cold in same breath by way of moving the present petitions. They came to India under a treaty, but were now asking that the law of prison in India should be made applicable to them.

One of the petitioners was convicted of brutally murdering his wife and her family by burning them alive in the UK in September 2004 to continue his affair with another woman. Justice Sant Parkash added it was clear from the provisions of the Punjab Good Conduct Prisoners (Temporary Release) Act and the Indo-UK TSP agreement that parole cases of the petitioners repatriated from the UK and other foreign countries were to be considered as per the provisions of agreement of repatriation arrived at between the foreign country concerned and the Government of India.

“Thus, the irresistible and unerring conclusion can be drawn that parole cases of the petitioners are to be governed by the terms and conditions of the Indo-UK agreement,” Justice Sant Parkash asserted.

Referring to the sentence order, Justice Sant Parkash asserted the petitioners could be released only after undergoing minimum prescribed sentences. An Article of the Indo-UK TSP agreement also made it clear the receiving state was bound by the legal nature and duration of the sentence as determined by the transferring state.

As such, the state authorities were merely the custodian of such convict located/ placed in a jail within the territorial jurisdiction of the state of Punjab. The limited role of a state authority/designated officer was to receive and hold in the custody.