The group demanding the release of Canadian Saul Itzhayek from an Indian jail says the government in that country should use its executive authority to free the Montreal businessman.

Led by Montreal MP Irwin Cotler and comprised of various religious leaders from Itzhayek's riding, the delegation met with Indian High Commissioner Rajamani Lakshmi Narayan and Helena Guergis, Canadian secretary of state for foreign affairs, on Monday.

The group was seeking assistance in freeing the father of two, who was sentenced to three years in jail in the northern city of Motihari in October over a simple visa violation.

"Here is a case where some local authorities acted inappropriately," Cotler, a former justice minister and attorney general, told CTV Newsnet on Monday. "We are saying to the Indian government, 'we are a fellow democratic country... we've got good relations. 

"Use whatever executive order you wish... What we want is his safe return.'"

Itzhayek was taken into Indian custody when he attempted to cross into the country from Nepal last May. Border agents had seized the businessman's documents from a car rental car containing his driver and interpreter, which they allegedly believed was stolen, and had promised him safe entry to get his belongings back.

However, once he entered the country, Itzhayek was charged with having an expired visa and jailed on a three-year sentence.

"This is a case that appears to be one of entrapment," alleged Cotler, referring to reports that Indian officials tried to extract a bribe from Itzhayek before detaining him.

It is not common practice in India to jail someone for visa violations. Offenders are generally deported, said Cotler.

"It doesn't make sense," he said. "We asked if there was any other reason they were holding him and they said no."

According to Cotler, both Guergis and Foreign Affairs Minister Maxime Bernier have been told by Indian officials that their government can't interfere with matters before the courts, although that doesn't line up with the Indian constitution.

"The Supreme Court of India has held that the executive house has unfettered discretion to exercise executive authority," he said. "They have done so in the past and we are asking them to do so now for... bilateral relations and human rights."

In the meantime, the 42-year-old continues to serve his sentence in a filthy jail, surrounded by convicted murderers, rapists, thieves and drug dealers, according to a recent report by CTV's Paul Workman. 

Itzhayek prays Canadians will continue to fight on his behalf. 

"I wish the Canadian people will continue to support me," he told CTV. "This is wrong to do to people."