
New Delhi: A Danish High Court today declined to allow the extradition of Purulia arms drop case mastermind Kim Davy to India to face trial, saying he ran the risk of "torture or other inhumane treatment" in this country.
India's failure to ratify United Nations Torture Connvention, alleged degrading treatment in jails and alleged widespread human rights violations were among the reasons cited by the High Court.
The Eastern High Court in Copenhagen gave its verdict while rejecting the Danish government's plea to allow 49-year-old Davy, also known as Niels Holck, to be handed over to CBI in the 1995 Purulia case dashing India's hopes of getting him.
The Court also rejected the diplomatic assurances given by Indian government to its Danish counterpart that no harm will befall Davy once he is in custody in India.
Shortly ater the judgement was pronounced by a five- judge bench of the High court, the CBI said it will request the Danish Ministry of Justice through diplomatic channels to appeal against the verdict in the Supreme Court of Denmark.
The new Union Home Secretary R K Singh also said the verdict will be challenged in the Danish Supreme Court. Singh however said it is not a "setback" for India.
Davy said he was "deeply relieved" over the verdict. At the same time, Davy said he had asked CBI to bring evidence in Denmark so that the Purulia case can be held there. "They have refused to do that which is what surprises me," he said.
The High Court reached the same conclusion as was arrived by City Court which had rejected Danish Government plea to extradite Davy to India on the grounds that "he will be subjected to torture or any other inhumane treatment" which in violation of extradition law of Denmark, a statement from the court said.