Madras High Court
Mehar Nisha vs The Union Of India Represented By The on 1 April, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.P(MD)No.6179 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.P.(MD)No. 6179 of 2025
Mehar Nisha ... Petitioner
-Vs-
1. The Union of India represented by the
Secretary to the Government,
Ministry of Home Affaris,
Government of India,
North Block,
New Delhi - 110 001.
2. The Principal Secretary to Government,
O/o. the Principal Secretary to the Government,
Home (Prison IV) Department,
Secretariat, Saint George Fort,
Chennai.
3. The Director General of Prison,
O/o. the Director General of Prison,
Whannels Road, Egmore,
Chennai.
4. The Superintendent of Central Prison,
O/o. Superintendent of Prison,
Puzhal Central Prison,
Chennai.
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W.P(MD)No.6179 of 2025
5. The Superintendent of Central Prison,
O/o. Superintendent of Prison,
Madurai Central Prison,
Madurai. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Certiorarified Mandamus, to call for the records pertaining to the
impugned letter in V-17011/3/2018-PR dated 22.05.2024 passed by the
respondent No.1 and quash the same as illegal and consequently direct the
respondents to adapt the sentence of Sulthan Rafiyudeen who is the husband of
the petitioner, as per Indian Law and subsequently release the petitioner's husband
prematurely.
For Petitioner : M/s.SMA. Jinnah
For Respondents : M/s.Govindarajan,
Deputy Solicitor General of India for R-1
Mr.S.Ravi,
Additional Public Prosecutor, for R-2 to R-5
ORDER
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
This Writ Petition is filed by the wife of the convict who was arrested by
the Sri Lankan Police, for offence of possessing drug. This Writ Petition is filed
by the wife of the convict who was arrested by the Sri Lankan Police, for offence
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of possessing drug. He was sentenced to undergo life imprisonment by the
Sri Lankan Government, vide Judgment dated 01.03.2016. After nearly five years
of incarceration, she filed a writ petition before this Court seeking repatriation
from Sri Lankan prison to Indian prison, as per the Repatriation of Prisoners Act,
2003. This Court after considering the facts of the case, directed the Union of
India to consider the representation. Accordingly, after due consultation with the
Government of Sri Lanka, the convict was transferred to Indian Prison in terms of
the Repatriation of Prisoners Act. The convict is presently in Central Prison,
Madurai.
2. We heard Counsels on either side and perused the material
documents available on record.
3. This Writ Petition is filed seeking Writ of Certiorarified
Mandamus, challenging the communication of the Government of India, dated
22.05.2024, rejecting the request for premature release citing concurrence of the
Government of Sri Lanka, [the transferring State] is required for any modification
of sentence or to adopt the sentence as per Indian Law.
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4. In the said communication, it has also been informed to the writ
petitioner that the concurrence of the transferring State has already been sought,
and an appropriate decision will be taken by the Government of India upon receipt
of consent or otherwise from the Sri Lankan Government.
5. The Learned Counsel appearing for the Petitioner states that the
husband of the petitioner is suffering from advanced stage of cancer and for
proper medical treatment premature release is necessary.
6. The Learned Deputy Solicitor General of India appearing for the
Central Government submitted that the representation of the petitioner for
premature release of her husband been duly considered by the Government of
India, as per the provisions of Repatriation of Prisoners Act, 2003. Since the
offence was committed in a foreign country and the petitioner's husband was
convicted and sentenced to life imprisonment for involvement in narcotic drug
trafficking by Sri Lankan Court, subsequently he was transferred to Indian prison
under the Repatriation of Prisoners Act, 2003, on the condition that the sentence
imposed will be carried in the Indian soil. This is in terms of the Act, as well as
bilateral treaty between Democratic Socialist Republic of Sri Lanka and the
Government of India. The request for premature release was placed before the
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transferring State i.e., Sri Lankan Government and have refused to interfere the
sentence imposed and the same was communicated to the petitioner. The Learned
Counsel appearing for the Petitioner states that the said order was not
communicated to the petitioner.
7. Be that as it may, since the representation on behalf of the life
convict been considered and decision taken by the Union of India, as per terms of
the Repatriation of Prisoners Act, 2003, and the bilateral treaty between two
Countries entered on 01.06.2010, nothing survives in this Writ Petition.
8. Accordingly, this Writ Petition stands dismissed.
[G.J., J.] & [R.P., J.]
01.04.2025
NCC : Yes / No
Index : Yes / No
KSA
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To
1. The Union of India represented by the
Secretary to the Government,
Ministry of Home Affaris,
Government of India,
North Block,
New Delhi - 110 001.
2. The Principal Secretary to Government,
O/o. the Principal Secretary to the Government,
Home (Prison IV) Department,
Secretariat, Saint George Fort,
Chennai.
3. The Director General of Prison,
O/o. the Director General of Prison,
Whannels Road, Egmore,
Chennai.
4. The Superintendent of Central Prison,
O/o. Superintendent of Prison,
Puzhal Central Prison,
Chennai.
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DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
KSA
01.04.2025
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