Today's Paper

Centre asked to file affidavit on U.N. torture treaty

The Calcutta High Court on Wednesday directed the Centre to file an affidavit within three weeks on what steps had been take to ratify the United Nations Convention against Torture 1984.

A Division Bench comprising Justices Pinaki Chandra Ghose and Soumen Sen directed the Ministry of Home Affairs to file the affidavit during the hearing on a petition seeking ratification of the United Nations treaty to ensure the extradition of Danish national Niels Holck alias Kim Davy — the main accused in the 1995 Purulia Arms Drop case.

During the day, the High Court also directed the CBI to file affidavits within three weeks on what action had been taken for the extradition of Mr. Davy and his two associates, Peter Heastrup and Brian Thune, from Denmark.

On June 30, a Danish High Court upheld the decision of a lower court there, rejecting a plea from the Central Bureau of Investigation for Kim Davy's extradition on the grounds that he would risk “torture or other inhuman treatment” in India.

The Danish Court rejected the CBI's plea despite assurances from India, including that no death penalty would be imposed on him and permission to serve imprisonment, if any, in Denmark prisons.

If the U.N. Convention against Torture had been ratified in Parliament, it may be possible to ensure the extradition of Kim Davy. Although India has signed the U.N. treaty in October 1997, no steps had been taken for its ratification, said Deepak Prahladka, the petitioner.

“Ratification of the U.N. treaty against torture will enable the CBI to renew its request for Davy's extradition. It will also help the Centre extradite other accused foreigners for their trial in India,” he said.

Recommended for you