The Danish High Court dismissed Purulia Arms drop case accused Kim Davy’s plea that CBI’s arrest warrant cannot be the basis for his extradition to India since it had expired and will deliver its verdict before July.
The CBI said Davy’s plea that the warrant was an old one has in “no way” affected the appeal proceedings in Danish High court which continued its hearings till Thursday as decided earlier. The High Court is hearing Davy’s extradition case.
“Thus for all practical purpose the warrant issued by Kolkata court has been executed by the Danish police on request of CBI. At present status of Kim Davy is that of an accused person arrested and released on conditional bail by the court in Denmark,” CBI spokesperson Dharini Mishra said in a statement.
Facing criticism for the goof up in the extradition case after it was pointed out that warrant issued by Kolkata court was an old one, the CBI was able to convince the High Court with the help of local officials that as per Indian law a warrant issued by a competent court remains in force till it is executed or it is cancelled by the same court.
On Monday, advocate for the accused Niels Holck alias Kim Davy made a submission that the warrant against his client was old one after which the CBI got it extended from the special court in Kolkata.
As per section 70(2) CrPC, a warrant issued by a competent court remains in force till it is executed or it is cancelled by the same court. There is no question of a warrant getting expired as reported in a section of media, Mr. Mishra said.
The CBI “keeping the sensitivity and importance of the case”, however, decided to request the court in Kolkata to extend the execution date of the same warrant which was duly done on Wednesday.
“The Prosecutor, supported by the CBI team in Denmark opposed this plea with Indian and Danish laws and facts which was accepted by the Honourable Danish High Court and objection raised by the defence was not accepted.
“The Danish High Court has concluded its hearing of the appeal on May 19 and decided to pronounce the verdict before summer vacations beginning in month of July, 2011,” Mr. Mishra said.
Giving the background of the case, she said the non-bailable warrant issued by special court, Kolkata was communicated to Danish government based on which the Justice Ministry there had allowed the extradition of Kim Davy.
“On the basis of the warrant issued by the Kolkata court and subsequent extradition order issued by the Justice Ministry, Davy was duly arrested on April 09, 2010 and kept in custody for one day,” the statement said.
When he was produced before the Danish court, it allowed him to be released on conditional bail (in Indian terminology) but his further arrested can only take place by an order of Danish court hearing his extradition matter, it said.
After the trial court did not confirm its order of extradition Davy to India the authorities there filed an appeal before the Danish High Court which is pending.