Repatriated Jailor's Term Can't be Commuted, HC Told

Published: 21st August 2014 06:00 AM  |   Last Updated: 21st August 2014 03:06 AM   |  A+A-

KOCHI: The Union Ministry of Home Affairs (MHA) on Wednesday submitted before the Kerala High Court that Antony Soody who was transferred to Viyyur central jail from Sri Lanka under a treaty for repatriation of prisoners could not be commuted. 

In a statement, Rajnish Kwatra, Under Secretary to the Government of India, Ministry of Home Affairs stated that, after the repatriation of Antony Soody from Sri Lanka  on February 27, 2013, he is now lodged in Central Jail, Thiruvananthapuram, where he will serve his remaining part of the sentence in India as per the existing law for the offence committed by him in the contracting state.

The MHA filed the statement in response to a petition filed by Lilly Antony, the mother of Antony Soody, seeking a directive to the government to release her son from Central Prison, Viyyur after commuting his sentence and other consequential reliefs.

The government submitted that as per the Indo-Sri Lankan Treaty on Transfer of Sentenced persons read with Sec 13 (6) of Repatriation of Prisoners Act, 2003, the Central Government has been vested with authority to adapt the sentence of prisoners who have been repatriated to India.

As per Section 21 (c) of the NDPS Act, the quantum of punishment will be on the basis of the sale of quantity seized (in this case 312.3 gm of heroin).

He could be awarded rigorous imprisonment up to 20 years and a fine of up to `2 lakh. Adaptability orders have been approved by the competent authority under Section 13 (6) of the Repatriation of Prisoners Act, 2003, and the same has already been communicated to the state government for its compliance.

Stay up to date on all the latest Kerala news with The New Indian Express App. Download now


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp