A convict sentenced to 30 years imprisonment in Mauritius for possession of drugs and later repatriated to India is now seeking release under Indian laws.
He has also sought a clarification regarding the date of his conviction, which was misrepresented when he was repatriated to India.
Prem Kishore Raj was arrested by the Mauritius airport authority in May 1996 and was convicted the following year to 30 years imprisonment under the Mauritian laws.
In 2007 he was granted pardon by the president of Mauritius and his sentence was reduced to 23 years.
He was repatriated to India in 2008 after an October 2005 agreement signed between the Indian and Mauritius governments whereby an opportunity was given to Indian nationals convicted in Mauritius to be transferred to India to serve the remaining sentence within their own society, under the Transfer of Prisoners (Republic of India) Regulations 2006.
However, during the transfer, his records showed that he was convicted in 1999 instead of 1997. He has also sought release under Indian laws since the offence incurs a maximum of 10 years imprisonment in the country.
Petitioner’s advocate, Gayatri Singh, said that under the Indian laws his prison term is already complete and he has been granted parole twice forgood conduct.
Advocate Kiran Kandpile, appearing for the union of India submitted that the convict could not be released since he was convicted in Mauritius.
Kandpile states that the union has sent a representation regarding this plea to the state government. The court has accepted his petition and will hear it in due course.