The Hindu : New Delhi News : Decks cleared for extradition of Kohli

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Saturday, Jul 07, 2007
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Decks cleared for extradition of Kohli

Staff Reporter

NEW DELHI: The decks have been cleared for the extradition of Maninder Pal Singh Kohli to the United Kingdom to face trial for allegedly assaulting and murdering teenager Hannah Foster in 2003. The Delhi High Court on Friday dismissed a petition by Kohli against a lower court’s order extraditing him.

A Division Bench, comprising Justices Mukul Mudgal and P.K. Bhasin, dismissed the petition when Charanjit Singh Bakshi, counsel for Kohli, submitted that the grievance of his client stood satisfied as the court observed that the lower court’s findings were merely prima facie in nature, and not a ruling on the merits of the case.

“We make it clear that the findings of the Extradition Magistrate are merely prima facie in nature in view of the fact that the magisterial inquiry postulated under Section 7 (4) of the Extradition Act, 1962, has been held by a Division Bench of this Court not to be akin to a trial, and the inquiry report in law is not required to decide any issue about the innocence or the guilt of the fugitive criminal, and the only purpose of the inquiry is to determine whether there is a prima facie case or reasonable grounds which warrant him to be sent to the demanding country,” the Bench said. Mr. Bakshi had sought quashing of the Extradition Enquiry Report passed by Additional Chief Metropolitan Magistrate Ka mini Lau, directing the Union Government to hand him over to the Scotland Yard.

In her report, Ms. Lau said a prima facie case for Kohli’s extradition was made out because there was sufficient material on record against him. The court relied on the forensic, medical and photographic evidence submitted by the British police.

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