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