VidhiSangh

Supreme Court of India · 11/01/2022

UNION OF INDIA & ANR. versus SHAIKH ISTIYAQ AHMED & ORS.

[2022] 2 S.C.R. 679 · 2022 INSC 38

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld the Central Government’s refusal to reduce a repatriated prisoner’s Mauritius sentence from 26 years to ten years. The receiving State was bound by the sentence’s legal nature and duration under the transfer agreement and detention warrant. Adaptation for incompatibility with Indian law was an exceptional governmental power, not an entitlement based solely on the lower maximum punishment for a similar offence under one Indian statutory provision. The High Court’s contrary ruling was reversed.

Issues

  1. Whether a foreign sentence had to be reduced on repatriation because a similar offence in India carried a lower statutory maximum.
  2. How the statutory adaptation power operated alongside the bilateral agreement and detention warrant.

Provisions considered

Held

Result

Union appeal allowed; High Court ruling reversed and Central Government’s refusal to reduce the 26-year sentence upheld.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 679.