Thaindian News

New Delhi, May 20 (IANS) The Central Bureau of Investigation (CBI) Friday said there was “no question” of its team landing in Copenhagen with an expired warrant for the extradition of Kim Davy, the main accused in the Purulia arms drop case, even as a Danish court deferred its judgment till July.

The investigating agency Thursday came in for strong criticism from opposition parties for botching up the extradition of Davy, accused of dropping a cache of arms in West Bengal’s Purulia district from an AN-26 aircraft Dec 17, 1995.

The government had sent a two-member team - a CBI officer and a lawyer - to Denmark seeking Davy’s extradition. The team left for Denmark May 16.

In a statement, the CBI said that as per section 70 (2) of the Code of Criminal Procedure, a warrant issued by a court remains in force till it is executed or is cancelled by the same court.

“There is no question of a warrant getting expired as reported in a section of media,” it asserted.

The agency said that for all “practical purpose the warrant issued by Kolkata court has been executed by the Danish police on request of CBI”.

“At present, status of Kim Davy is that of an accused person arrested and released on conditional bail by the court in Denmark,” said the statement.

The CBI said it was on the basis of the Kolkata court’s warrant that the Danish ministry of justice had passed an extradition order for Davy.

The CBI official said that Davy is trying to create hurdles in extradition process.

“There are chances that on human right issues Kim Davy will approach Supreme Court and European Court citing that the Indian prisons condition is unliveable,” said the officials.

After arrest on April 9, Davy was brought before a court, which ordered that he could stay at home, provided he reported to police twice a week.

“Thus, in Indian terms, he was released by the court on conditional bail,” said CBI official.

Despite the warrant being legally valid, CBI said an objection was raised by Davy’s advocate in the Danish High Court Monday that the warrant against his client was an old one.

The prosecutor opposed this plea, which was not accepted by the court.

Davy had earlier alleged that Indian intelligence agencies had a role in the arms drop case.

In an interview to Times Now TV channel, Davy alleged that the then P.V. Narasimha Rao government had plotted the operation to destabilise the West Bengal government by arming locals in the Left-ruled state.