Kohli withdraws petition from Supreme Court

NEW DELHI: Maninder Pal Singh Kohli, charged with killing British teenager Hannah Foster four years ago, on Friday withdrew from the Supreme Court a petition challenging his impending extradition to Britain after observations made by the court in this regard.

Kohli's counsel Rajesh Srivastava began his arguments by saying that the Delhi High Court, while adjudicating his petition against extradition, "had not properly heard his case on merit".

A bench of Justice G.P Mathur and P.K Balasubramanyam, referring to Srivastava's arguments, observed that these issues had to be settled at the high court itself.

Additional Chief Metropolitan Magistrate Kamini Lau had recommended to the Indian government that Kohli be extradited to Britain. This was endorsed by the Delhi High Court.

Srivastava said the high court had not addressed his grievances about Lau examining the evidence against his client.

He said that Lau had made several adverse remarks against Kohli in her order that could prejudice the British court against his client - another issue not addresses by the high court.
 
Srivastava told the bench that he had also questioned the home ministry's decision to appoint a judicial officer to enquire into Britain's plea to extradite Kohli without seeking prior approval from the chief justice of the Delhi High Court.

The bench pointed out that the right forum for these issues to be raised was the high court through a review petition against its earlier order. Srivastava then withdrew Kohli's petition.

Kohli's complaint against the home ministry had earlier been rejected by both the high court and the apex court nearly a year ago.
 
Kohli is accused of raping and murdering Foster after kidnapping her March 14, 2003, from a place near her home in Portswood, Southampton, where she had gone on a weekend picnic with her friends.

Foster's body was found two days later and was identified by her mother. A post-mortem examination revealed that she had been raped and strangled.

On June 8, Lau had recommended his extradition with the stipulation that he be not hanged if found guilty.

She had also said that his DNA profile, as inferred from samples taken from his wife and children, matched the semen samples found on the body of the deceased Hannah Foster, and this further prima facie corroborated his alleged involvement.

Besides the forensic evidence, the lower court had listed other scientific evidence, including closed circuit TV footage, statements of witnesses and Kohli's behaviour and conduct after the crime to recommend his deportation.

Kohli subsequently challenged Lau's order in the high court, which dismissed his plea early this month.