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.