In a letter to Modi, Swamy said India had signed a treaty on transfer of sentenced prisoners with Sri Lanka and invoking its provisions, the five fishermen could be brought back and allowed to stay in a prison in India pending their appeal.
He said, as per provisions of the treaty, the fishermen could be allowed to seek "legal remedies" in Indian courts.
The five fishermen, all hailing from Tamil Nadu, were apprehended in 2011 by the Sri Lankan Navy and are among a group of eight people sentenced to death by the high court in Colombo for alleged drug trafficking.
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