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Updated: July 1, 2011 03:02 IST

Danish court says ‘no’ to Kim Davy's extradition

Vinay Kumar
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TV grab shows 1995 Purulia arms drop case accused Kim Davy. A five-judge special bench of the Denmark High Court at Copenhagen on Thursday refused to order extradition of Davy alias Niels Holck. File photo
PTI TV grab shows 1995 Purulia arms drop case accused Kim Davy. A five-judge special bench of the Denmark High Court at Copenhagen on Thursday refused to order extradition of Davy alias Niels Holck. File photo

CBI to request Danish Ministry to move Supreme Court

The Central Bureau of Investigation has suffered a setback in its efforts to get Kim Davy — a Danish citizen and prime accused in the Purulia arms drop case of 1995 — extradited from Denmark with a court there rejecting a plea of the Danish government.

The plea to allow extradition of the 49-year-old Davy, also known as Niels Holck, was dismissed by the Danish High Court on the ground that he would risk “torture or other inhuman treatment” in India.

Quoting initial reports from Denmark, CBI spokesperson Dharini Mishra said on Thursday that the “plea has been denied on the grounds of jail conditions and human rights issues, which is a subject outside the purview of the investigating agency.”

A copy of the judgment was awaited for the CBI's perusal. There was no adverse comment on the CBI probe, the spokesperson said.

“Once the judgment [copy] is received, the CBI will request the Ministry of Justice, Denmark, through our External Affairs Ministry, to appeal against the verdict in the Supreme Court of Denmark. We are convinced that Davy is the main conspirator and executor of this crime and we will make all possible efforts to bring him to justice,” she said.

The Danish High Court upheld the lower court decision that rejected the government's move to allow the CBI's request for Davy's extradition after getting a number of sovereign assurances from India, including that no death penalty would be imposed on him and permission to serve imprisonment, if any, in Denmark prisons.

In December 1995, an AN-26 aircraft dropped arms and ammunition in Purulia district of West Bengal. The consignment had hundreds of AK-47 rifles, pistols, anti-tank grenades, rocket launchers and thousands of rounds of ammunition.

The crew of the aircraft consisted of five Latvian citizens and British citizen Peter Bleach, who were all arrested. Davy managed to escape from Mumbai.

The crew were released from prison in Kolkata in 2000 after requests from the Russian authorities, while Peter Bleach was given a presidential pardon in 2004 following requests by the U.K. government.

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We all accept that India is a 3rd world country and powerless. It has so many internal issues to resolve before putting its strength to outside world. Democracy is taken for a ride in this country.

from:  Kiran
Posted on: Jul 1, 2011 at 12:13 IST

May i just ask the editor as well as the people so deeply offended by this verdict..??How is it better to bring a man under your judicial system when we know for a fact that sooner or later India will give in to International pressure and pardon Davy?

from:  Aniruddh
Posted on: Jul 1, 2011 at 10:30 IST

The verdict is actually a victory for the people of India: the court has taken cognizance of the fact that prisoners in India are tortured, especially by CBI. This applies particularly to political prisoners who have been labelled as Hindu terrorists.

from:  witan
Posted on: Jul 1, 2011 at 07:24 IST

If Danes were part of the 'coalition of the willing', they should not be squeamish about the treatment meted out to terrorists or people who help terrorists (state sponsored or otherwise). India should suspend all consular, trade and humanatarian relationships with the Danish Government until Kim is handed over to Indian police for interrogation.

from:  Mani Sandilya
Posted on: Jul 1, 2011 at 05:22 IST

While Indian jails and interrogation methods are nothing to be proud of, letting an accuser of a serious crime get a free pass is nothing short of travesty of justice. Danish courts could have asked for an inter governmental guaranty for fair treatment of its citizen during interrogation and subsequent prosecution if any. Alas, dropping few dozen AK-47s and rocket propelled Grenades and escaping from Mumbai did not seem to attract any attention of esteemed Danish High Court. Well, as long as these Rocket Propelled Grenades are not dropped in my backyard it is not my problem is the attitude some of these countries are taking. Sad but true.

from:  Krishna Dammanna
Posted on: Jul 1, 2011 at 04:09 IST
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