Court rejects plea of fugitive Polish man wanted in Germany

Last Updated: Friday, August 6, 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 6, 2010 - 00:44

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