Courts Supreme Court
Supreme Court: UK-transferred prisoner can seek remission under Indian law
The case concerns Gurmej Singh, a prisoner transferred from the UK to India under the Indo-UK Agreement, and whether he is entitled to seek remission of his sentence under Indian law despite the original UK sentence.
Who it concerns: Petitioner: Gurmej Singh; Respondents: Union of India & Ors.; Bench: Justice M.M. Sundresh and Justice Prasanna B. Varale.
What the court decided
- Set aside the High Court order dated 31.10.2023.
- Set aside the order passed by Respondent No. 2.
- Direct Respondent No. 2 to consider the appellant's case afresh in accordance with the governing policy.
- Set a deadline of eight weeks from the date of receipt of the order for the fresh consideration.
- Dispose of the appeal and any pending applications.
Also in the document
- The Court held that Article 10(2) of the Indo-UK Agreement allows the receiving state to grant pardon, amnesty, or commutation in accordance with its own laws, including remission policies.
- The Court distinguished the case from 'Union of India v. Shaikh Istiyaq Ahmed & Ors.' because the latter did not involve Article 10 of the Agreement.
- The Court noted that the Government of India's 2018 communication stated the transfer was subject to the remission policy of the appropriate State/Government.
How this was written
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The original document
Supreme Court of India — orders & judgments
Court order · 2 Nov 2026
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