The Ministry of External Affairs is in the process of sending a note verbale to Denmark seeking extradition of Kim Davy, the main accused in the 1995 Purulia arms drop case, with an assurance that he will be repatriated to that country to serve any prison term following his possible conviction in India.
Relenting to pressure from Danish authorities, New Delhi may give an executive assurance to Copenhagen that Davy will not be sentenced to death for any offense committed by him.
This was cleared by the Union Cabinet in the last week of April and sent to the Ministry of External Affairs to take up the matter with Denmark authorities.
During the intervening night of December 17-18, 1995, an AN-26 aircraft flew over Purulia in West Bengal and dropped a huge cache of assault rifles and ammunition near the Anandmarg headquarters at Anandnagar.
While the aircraft’s Latvian crew and British national Peter Bleach were arrested at Mumbai airport four days later, Davy managed to escape and was later traced to Denmark.
The CBI located Davy, a Danish citizen, and sent an extradition request. In response to this, Danish authorities submitted seven conditions to New Delhi, including one that Davy would serve any prison term in Denmark. After an initial negative reaction, the CBI and the Centre agreed to the conditions.
According to its rules, Denmark does not extradite any of its citizens to any country unless the accused has committed a crime against a Danish citizen.
After becoming the chairman of the European Union in 2003 and in the wake of the 9/11 terror attacks, Danish authorities had agreed to extradite its citizens only to any EU country.
Any success in bringing Davy to India to face trial would be a major breakthrough as a Danish citizen would be extradited to a non-EU country, sources said.
Conditions
According to the conditions set by the Danish authorities, Davy would have to be repatriated to Denmark to serve his punishment, his trial would be completed expeditiously by the Indian court and he would be tried only for the Purulia arms drop case.
The Danish embassy would also have to be provided unfettered access to him during his custody. The sources said Davy will face an expeditious trial and be treated in accordance with provisions of the UN convention for civil and political rights.
India had earlier given an executive assurance in the case of underworld don Abu Salem and his girlfriend, Monica Bedi, that they would not face capital punishment.
Davy was chargesheeted by the CBI on March 20, 1996 along with 13 others for his role in the arms drop. He was also declared a proclaimed offender by the court. A reward of Rs 1 lakh was announced for those who helped in arresting him and a red corner notice was issued against him by Interpol.