Indian assurance made case for appeal in SC: Danish law firms

The three law firms hired by the Indian authorities in Denmark, to seek legal opinion on Purulia Arms drop case accused Kim Davy's extradition, were convinced that "legally binding" commitment to provide an exclusive prison to him during trial was enough to file an appeal before the Supreme Court in that country.

The Indian authorities had sought legal opinion on the case from three reputed private Danish legal firms -- Kromann Reumert, Homann and Nemeth and Sigetty -- on the extradition case of Kim Davy, official sources said.

Denmark had accepted India's request for extraditing Davy but it was challenged by the Purulia arms drop accused in a Copenhagen court which struck down the decision.

The Danish legal department then appealed in the High Court which also rejected it citing poor prison conditions, alleged human rights violation and torture in Indian jails.

To allay the concerns over poor prison conditions, the Indian government had agreed to give a legally-binding commitment (not just a diplomatic assurance) that Davy would not be kept in existing prisons during trial and there were enough provisions in Indian law for such an arrangement, they said.

India had agreed to keep Davy in a secure separate building in West Bengal, as per satisfaction of the Danish Embassy here under provisions of section 417 of CrPC and Section 3 of the Prison Act, they said.

Section 417 of the CrPC enables a state government to declare a building as prison.When the firms were presented with the new commitment by Indian government, they agreed such an undertaking was a new fact which was not presented before the lower courts and hence it makes a ground to file an appeal before the Danish Supreme Court.