Purulia arms drop case: CBI moves fresh proposal to extradite Davy

The move comes after high-level diplomatic talks between the representatives of the two countries where Danish authorities asked the CBI to make a fresh proposal that will be examined and brought before the supreme court of Denmark.

In July 2011, the Danish high court had rejected the extradition of Niels Holck, alias Kim Davy, on the ground that he faced the risk of being subjected to torture or other inhuman treatment in India.

Union Home Secretary Anil Goswami also held a discussion with top CBI officials to explore the options for Davy’s extradition and it was decided that a fresh proposal would be submitted to the MEA. CBI sources said besides allaying the Danish authorities’ fear for “torture” and “bad conditions of the Indian jails”, the petition was backed by the West Bengal correctional home’s undertaking that hygienic environment would be provided inside the prison. The sources said they had also kept the option of trying Davy at the Indian embassy in Denmark open.

The agency, however, said the modalities for a trial at the Indian embassy were yet to be worked out and would depend upon the Denmark authorities’ decision to allow a hearing before their court.

CBI officials said in case the highest court of Denmark too rejected India’s petition, the final option before the government would be to approach the Ministry of Justice. In its proposal, said the sources, the CBI also provided evidence against Davy and the details of his escape from India.

The CBI has also proposed that if Davy is convicted during the trial in India, he may be allowed to serve the prison term in a Denmark jail as per the existing provisions in the law.

Despite India’s repeated demand to appeal before its SC against the high court order, no decision was taken by the Danish authorities. India had scaled down its diplomatic relations with that country after this.