The Bombay high court on Wednesday imposed a cost of `25,000 on the Union government for failing to take a decision on a representation made by a person convicted for drug possession by a Mauritius court seeking relief under Indian law.
Prem Kishor Raj, who was arrested in May 1996 by the Mauritius police for alleged drugs peddling, has filed a petition in the Bombay high court. He was convicted by a Mauritius court for possession of 371.3 grams of heroin and sentenced to 30 years of imprisonment. The jail term was later reduced to 23 years.
As per an agreement between India and Mauritius, Raj was repatriated to India in 2008. However, his repatriation documents showed that he was convicted on January 1, 1999.
He filed a petition in the Bombay high court seeking that he should be given relief as per the Indian law and released early. The agreement between the two nations permits the convict to take benefit of the law prevailing in the parent country. On the high court’s directives, he made a representation to the Union government in 2011 requesting early release.
On Wednesday, the Centre informed the high court that while it has decided on the representation, it is yet to be signed as all its officials are busy with the Uttarakhand flood situation.
Irked, Justice Dharmadhikari said, “If the file is to do with some foreign trip, then a decision would have been taken in transit. Why can’t this file (Raj’s representation) too be dealt in transit?”
Imposing a cost of `25,000 on the Union government, the bench posted the petition for hearing next week by when the amount would have to be deposited.
Though Raj made a representation two years ago, the government has since then sought adjournments in the high court stating that it has not taken a decision on the representation yet.