HC frowns over Centre's inactivity on convict's representation

Irked with Union government's failure to decide on a representation made by a person convicted for drug possession by a Mauritius court seeking relief under Indian law, the Bombay High Court today imposed cost of Rs 25,000 on the Centre.
A division bench headed by Justice S C Dharmadhikari was hearing a petition filed by Prem Kishor Raj, arrested in May 1996 by Mauritius police for peddling drugs.
Raj was found guilty for possession of 371.3 grams of heroin and sentenced to 30 years in jail which was later reduced to 23 years.
As per 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.
The High Court in 2011 directed Raj to make a representation to the Union government requesting early release.

However, the Government has since then sought adjournments in the High Court stating that it has not taken a decision on the representation yet.
But today, the Centre informed the High Court that while it has decided on the representation its 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 cannot this file (Raj's representation) too be dealt in transit?"
Imposing a cost of Rs 25,000 on the Union government, the bench posted the petition for hearing next week by when the amount would have to be deposited.