Court rejects plea of fugitive Polish man wanted in Germany
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Last Updated: Friday, August 06, 2010, 00:44
  
New Delhi: A Delhi court has dismissed the plea of a Polish national, whose extradition is being sought by Germany for his alleged complicity in a murder case there, that he be supplied more documents by the authorities of the offshore nation.

"This court is not holding any trial of the fugitive criminal to decide his guilt or innocence hence it appears to be rightly submitted by special prosecutor Naveen K Matta that legal provisions seeking additional documents from Germany were not applicable," Additional Chief Metropolitan Magistrate Ajay Pandey said.

Adam Piotr Mancie, 43 who hails from Poland, is accused of gunning down Friedhelm Sodenkamp on November 3, 2008, at Berlin Mitte city centre.

The Polish, who was given 25,000 Euros by a co-accused for committing the offence, killed the victim when he was taking his dog out for a walk, the arrest warrant of a German court said.

Adam, who is in judicial custody in India following his detention, had filed an application seeking additional documents from German authorities saying they were crucial for proving his innocence.

The court allowed the plea of Ministry of External Affairs (MEA), which is pursuing the extradition inquiry at the request of Germany, that as per the terms of extradition agreement, an Indian court is not empowered to scrutinise the documents.

"An Indian court has a limited scope of inquiry. It has to ascertain whether the warrant for apprehension of the fugitive criminal is duly authenticated and the offence for which the fugitive is an accused is an extraditable offence," MEA said.

The court agreed with the submissions saying the CrPC provisions and others laws have no role in this demand of the fugitive and his plea is dismissed.

The MEA, in its extradition plea, had annexed the arrest warrant issued on December 10, 2008, by Ziegler, a local court judge of Tiergarten in Berlin.

It was said that the offence was covered under section 211 (murder) of the German Criminal Code.

-PTI


First Published: Friday, August 06, 2010, 00:44


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