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This is an archive article published on July 21, 2007

SC refuses to stay Kohli extradition

A Supreme Court Bench comprising Justices G P Mathur and P K Balasubramanium on Friday refused to stay the extradition of Maninder Pal Singh Kohli to the UK...

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A Supreme Court Bench comprising Justices G P Mathur and P K Balasubramanium on Friday refused to stay the extradition of Maninder Pal Singh Kohli to the UK, where he faces trial in the 2003 Hannah Foster murder case.

The arguments of his counsel that Kohli will not get a fair trial in the UK because of 8220;racial bias8221; against Asians did not cut ice with the Bench which declined to entertain his petition. The Bench added that Kohli could approach the High Court for a review of the order.

Kohli had moved the Supreme Court challenging the Extradition Magistrate8217;s order, allowing the plea of the Ministry of External Affairs to extradite him to face trial in the UK.

Earlier the Delhi High Court had modified the order of the Extradition Magistrate which dealt with the merits of the case. The High Court on Kohli8217;s appeal had said findings of the Extradition Magistrate shall be treated only as prima facie and not as a conclusive evidence.

Kohli8217;s petition in the apex court contended that the High Court only dealt with the adverse observations made by the Extradition Magistrate on the accused but it did not go into the merits of the order and contended that the evidence against Kohli was full of contradictions.

Extradition Magistrate Kamini Lau allowed Kohli8217;s extradition on June 8 saying that there was 8220;sufficient prima facie evidence against the accused to justify his extradition8221; . The court observed that his fleeing Britain on the pretext of visiting his ailing mother and his efforts to evade arrest made it a fit case to extradite him.

 

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