Title: Introduction of the Repatriation of Prisoners Bill, 2002 moved by Shri I.D. Swami, the Minister of State, Ministry of Home Affairs.
14.43 hrs
MR. CHAIRMAN: Now, the House will take up the next item. Hon. Home Minister to move for leave to introduce the Repatriation of Prisoners Bill.
THE MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI I.D. SWAMI): On behalf of my senior colleague Shri L.K. Advani, I beg to move for leave to introduce a Bill to provide for the transfer of certain prisoners from India to country or place outside India and reception in India of certain prisoners from country or place outside India.
MR. CHAIRMAN : Motion moved:
“That leave be granted to introduce a Bill to provide for the transfer of certain prisoners from India to country or place outside India and reception in India of certain prisoners from country or place outside India. ”
Shri Varkala Radhakrishnan has given notice to speak on this.
SHRI VARKALA RADHAKRISHNAN
(CHIRAYINKIL): Sir, I am not opposing the transfer of prisoners on humanitarian grounds. But I am opposing the introduction of the Bill on grounds of competence and jurisdiction.
MR. CHAIRMAN: You have given notice for opposing the Bill. If you are not opposing it, there is no scope for you to speak.
SHRI VARKALA RADHAKRISHNAN : Let me finish it. I have given notice to speak.
MR. CHAIRMAN: Are you opposing it?
SHRI VARKALA RADHAKRISHNAN : Yes.
MR. CHAIRMAN: Then, oppose it.
* Published in the Gazette of India, Extraordinary Part-II, Section 2, dated 9.5.2002.
SHRI VARKALA RADHAKRISHNAN : What can I do? I am not opposing the transfer of prisoners. But I am opposing the introduction of the Bill at this stage on grounds of competence and jurisdiction. We all know that we have Extradition Treaty with certain foreign countries.
When an offender is absconding and taking shelter in a foreign country, we get the attendance of that accused through Interpol. That treaty is there. But I am not aware of any treaty entered into between India and any other foreign country in regard to transfer of prisoners. We would have to enter into a treaty with another country. Before entering into a treaty with another country, how can we get jurisdiction to decide matters regarding a foreign citizen undergoing imprisonment under the Indian Act in a foreign State? … (Interruptions)
MR. CHAIRMAN: Suppose an Indian citizen is imprisoned in a foreign country!
SHRI VARKALA RADHAKRISHNAN : Then, it should be vice versa. You are well aware that the Criminal Procedure Code, 1973 extends to the whole of India. There is no jurisdiction beyond our territory.
MR. CHAIRMAN: Except Jammu & Kashmir.
SHRI VARKALA RADHAKRISHNAN : Yes. That is another matter and that is a debatable point. Our Criminal Procedure Code extends only to India except Jammu & Kashmir. How could it be extended to a foreign country when our Criminal courts are functioning under the Criminal Procedure Code and the judgement is pronounced under the Criminal Procedure Code. Even in this Bill also, there is a provision. I can read that particular portion.
MR. CHAIRMAN: You can speak everything at the time of consideration.
SHRI VARKALA RADHAKRISHNAN : Yes. But, as to why I am pressing this point is… … (Interruptions)
MR. CHAIRMAN: When you want to oppose, you simply oppose it.
SHRI VARKALA RADHAKRISHNAN : Please do not interrupt. If you interrupt, I would not be able to complete the sentence. Mr. Chairman, Sir, please listen to me without distracting my attention. Why I refer to this is because the power of the court to revive the judgements and also power of the State Government and the Central Government to omit the sentence is also provided even after the transfer of prisoners to a foreign country. Our jurisdiction is still there. This is done under the provisions of the Criminal Procedure Code. Then once the transfer is made and the prisoner is in the foreign country, how can we exercise jurisdiction over him without a treaty? We have an Extradition Treaty. But, we do not have a treaty in regard to the transfer of prisoners. So, it is a premature attempt. … (Interruptions) Shall I continue?
MR. CHAIRMAN: You please conclude now.
SHRI VARKALA RADHAKRISHNAN : We shall have to first enter into a treaty or arrangement with a contracting State. Definition of `contracting State’ is given in the Bill. If the contracting State has already entered into a treaty or arrangement with us, then we get the jurisdiction.
MR. CHAIRMAN: You are talking about the merits of the Bill.
SHRI VARKALA RADHAKRISHNAN : It is not about the merits of the Bill. I am talking about its jurisdiction and the competency, not the merits of the Bill. I do not go into any merit of the Bill at all. I do not go into the provisions of the Bill at all. I am going into the jurisdiction and competency of this House to make a legislation.
Suppose, if there is an exchange of prisoners between India and Pakistan, how will it be carried out? Of course, how far Pakistan would comply with the treaty is another matter because Pakistan is encouraging the terrorist activities in India. With regard to transfer of prisoners, how can we make a legislation without any treaty with Pakistan.
First we should enter into a treaty with a foreign country. Then only this House can have the jurisdiction to pass the law here. Suppose we want to transfer prisoners between India and the United Kingdom, until and unless we enter into a treaty like the Extradition Treaty with that country, how can this House get the jurisdiction to legislate about the prisoners detained in the United Kingdom? If a foreign citizen is detained under the provisions of the Criminal Procedure Code in India, until and unless they surrender their jurisdiction, how can we legislate? Where is the competency for us to legislate? As far as extradition is concerned, we have an Extradition Treaty with the United Kingdom. So, with the help of Interpol we get the prisoners extradited to India.
MR. CHAIRMAN : Shri Radhakrishnan, you raised the question about the competence of this House to legislate on this matter. This House is omnipotent and this House has got the jurisdiction to pass a law regarding Indian citizens residing anywhere in the world. If they are in any prison and if they are brought back to India, they will come under the jurisdiction of Indian law.
SHRI VARKALA RADHAKRISHNAN : But they are deciding about foreign citizens detained in India.