M A I N   N E W S

Hannah Rape
Kohli withdraws appeal from SC
To seek review of order from High Court
S.S. Negi
Legal Correspondent

New Delhi, July 20
NRI Maninder Pal Singh Kohli, awaiting extradition to the UK to stand trial in the Hannah Foster rape and murder case, today withdrew his appeal from the Supreme Court against the extradition order after he sought to raise various legal technicalities.

As Kohli’s counsel Rajesh Srivastava alleged that the Delhi HC had not heard on merits the legal questions on certain technical issues, including the appointment of the extradition magistrate and her power to examine the evidence while hearing his client’s appeal, a Bench of Justices G P Mathur and P K Balasubramanyan said then the appropriate forum for him to agitate these issues was only the HC. The court said if he thought that the case was not heard on merits by the HC, he could move a review petition .

Earlier last week, a Bench, headed by Chief Justice K G Balakrishnan, had refused to stay the HC order upholding extradition magistrate Kamini Lau’s findings about his deportation to England.

Kohli’s lawyer today also raised the issue of extradition magistrate not making it clear in her order that her findings should not be treated as basis for forming an opinion about the guilt of his client as it would prejudice his trial.

The extradition magistrate, allowing the application of British authorities, had cleared his deportation to the UK to stand trial in the case. Hannah Foster was murdered in March 2003 and Kohli was arrested from Kalim Pong in West Bengal in 2004.

Kohli’s extradition was ordered on the condition that he would not be awarded capital punishment. His lawyer now plans to move back to the HC to seek a review of its order.