Davy`s extradition: Defeat of Left is CBI`s gain
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Last Updated: Thursday, May 26, 2011, 22:40
New Delhi: Defeat of Left Front government in West Bengal might be a gain for CBI seeking extradition of Purulia arms drop accused Kim Davy who in his defence had claimed that assurances of human rights protection by Indian government do not stand in the state run by "Communists".

Niels Holck alias Kim Davy, who is facing extradition proceedings before the Denmark High Court, in one of his defence arguments, had claimed that 1995 air-dropping of arms was carried out to destabilise the then Jyoti Basu government of West Bengal. Hence, he may not get a fair treatment in the prisons of the state ruled by a Communist government.

However, the defence of Davy apparently lost its steam when Danish prosecutor quoting media reports, during May 16 hearing, informed the High Court that Communists have been defeated in elections hence his fears do not hold ground in the changed circumstances, the Danish court proceedings show.

"Yesterday, we have heard that Niels Holck feared coming to West Bengal because of Communist regime. Here I can refer to a newspaper article, I stumbled upon on May 14 (and hoards of clippings), which says after 34-years in power, the Communist party in West Bengal has suffered a devastating defeat in the elections.

"The Communist party leader says decision of people must be respected. The people have voted for a change, so Niels Holck need not fear the Communists any more," the prosecutors have told the Court during May 16 proceedings.

A CBI team led by DIG Arun Bothara had gone to Denmark to help the local authorities in the case.

To buttress the point that condition of human rights is not as bad in Indian prisons as portrayed by Davy, the Danish prosecution was provided with a book of paintings done by inmates of West Bengal prisons, sources said.

The CBI officials, who were assisting the prosecution, also provided them with a letter from the state officials stating that all the assurances from Indian Government will also stand in West Bengal.

The High Court was also informed that human rights in India are under watchful eyes of an independent body National Human Rights Commission which is headed by a retired Supreme Court judge and prisons in West Bengals are now correctional facilities where reformative approach is taken.

Another accused in the case Peter Bleach who had spent eight years in Indian Jails before being pardoned by the President had deposed in support of Davy but Danish prosection told the court that no assurances were given by Governemnt regarding him which was not the case in Davy's extradition.

Indian Government has assured the Danish Government that Davy has to be extradited only for standing trial before a court here. It was assured that Davy will not get death penalty and if proven guilty, he will serve the sentence in a Danish prison.

After getting assurances from India, the Danish government ordered extradition of Davy. This order was challenged by Davy in a city court which rejected the order. The Danish government appealed against the decision in the high court which has concluded the hearing on May 19.

Since the Danish government is defending its order of Davy's extradition, the CBI is not the party in the case.

The Danish courts are not looking into the criminality of Davy or the merits of the case against him, they are evaluating if he could be extradited to India which according to him has a "medieval legal system", sources said.


First Published: Thursday, May 26, 2011, 22:40

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