A day after becoming the first convicts under the Maritime Anti-Piracy Act, 2022, the 44 Somali pirates sentenced to life imprisonment by a special court in Mumbai have sought permission to serve their sentences in Somalia under a bilateral prisoner transfer agreement between the two countries. The men were brought to the court on Monday with the guards of the Navi Mumbai Police Commissionerate.
During Monday’s sentencing, the men, aged between their early 20s and 50s, raised their hands as accused No. 17, Li Banm Abdi Jama, the only one among them who can speak English, asked the court whether they could return to Somalia to serve their punishment, what the procedure would be, and when they could go home.
Jama told the court that the men had pleaded guilty in the hope that this would strengthen their applications to serve their sentences in Somalia. He said they were facing severe hardship in prison because of differences in language, culture, food and lifestyle, and because they had no family or friends in India.
“They have no complaints against the jail authorities, but it is difficult to adapt to life in a prison so far from home,” Jama later told The Indian Express. “Communication is challenging, food preferences and culture are different. We are only able to speak to our families through video conferencing as per jail rules. At least in a jail in Somalia, our families can visit us.”
Special Public Prosecutor Ranjeet Sangle told the court that the convicts could write to the Somali Embassy through the jail superintendent if they wished to seek a transfer. However, he said the decision rested entirely with the Government of India.
“As far as serving their life sentences is concerned, it is entirely the prerogative of the Government of India if it wishes to transfer the convicts to Somalia under the bilateral agreement between the two nations,” Sangle said.
Under the India-Somalia Agreement on the Transfer of Sentenced Persons, signed in 2017, nationals of either country may serve their sentences in their home country, subject to the consent of both governments and other conditions laid down in the agreement. The Ministry of Home Affairs is the nodal authority for processing such requests.
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Special Judge S B Dige said a copy of the judgment would be sent to the government and the District Magistrate for further action.
The 44 men were convicted not only under the Maritime Anti-Piracy Act but also under provisions of the Indian Penal Code relating to kidnapping for ransom, criminal conspiracy, attempt to murder and possession of weapons, after pleading guilty to all the charges.
Thirty-five of them were arrested on March 14, 2024, after allegedly abducting the crew of the merchant vessel MV Ruen. Fourteen days later, nine others were arrested for allegedly holding the crew of a fishing vessel hostage.
Deputy Superintendent of Police Maya More, who investigated the case, said one of the biggest challenges was that almost none of the accused spoke English.
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“We had to conduct panchnamas at sea. A Somali student from Pune University was brought in as an interpreter,” More said. “The accused played different roles, from demanding ransom to holding the crew hostage, and they were carrying sophisticated weapons.”
She added that any decision on transferring the convicts to Somalia would be taken by the Centre.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
Expertise
Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports.
Core Authority & Focus: Her work primarily centers on:
Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system.
Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on:
Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates.
Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children.
Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions.
Experience
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Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape.
Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism.
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