B.C. court rejects India extradition over torture fears in secret-marriage case

Judge says justice minister should consider whether brother and sister from Maple Ridge could be tried in Canada

VANCOUVER The B.C. Appeal Court has overturned an extradition order against the mother and uncle of young woman murdered in India over concerns that they will be tortured.

A B.C. Supreme Court judge ordered the surrender of Malkit Sidhu and Surjit Badesha to police in India in May 2014 after finding there was enough evidence for them to face trial for the murder of 25-year-old Jassi Sidhu.

In a split decision, Justice Ian Donald said in his ruling that India’s assurances about violence against prisoners are empty because of the country’s record of human rights abuses.

“In my view, there is a valid basis for concern that the applicants will be subjected to violence, torture and/or neglect if surrendered,” he wrote in a decision released Friday.

Donald said that while the case against the brother and sister from Maple Ridge, B.C., is strong and their extradition was approved by the former Conservative government, the justice minister should consider whether the pair could be tried in Canada.

“I have no doubt that consular monitoring can be effective regarding the death penalty and the corruption/ fair-trial issues,” Donald said. “The more worrisome issue is the day-to-day exposure to harm in custody and the risks associated with retaliation against prisoners who complain.”

Donald said that the justice minister placed heavy emphasis on consular monitoring for their safety, but that had limits.

“Consular staff may only discover a rape, beating or neglect of medical care after the fact.”

The couple’s extradition trial heard that Jassi Sidhu had fallen in love with a rickshaw driver on a trip to India and secretly married him several years later against the wishes of her family who had already arranged a marriage in Canada.

The young woman’s body was found in a canal in Punjab province in June 2000 when she’d gone there to meet her husband.

The couple had been attacked while on a scooter and she was abducted. Her husband survived the assault.

“Right-thinking Canadians … would be distressed at the prospect of the applicants escaping justice because of conditions in India,” Donald said.

He said other than revisiting the possibility of holding the pair’s trial in Canada, the justice minister could also secure meaningful and effective assurances from India about their treatment in that country.

In a dissenting opinion, Justice Richard Goepel said concerns about Badesha not getting appropriate medical care in India have been addressed with assurances that medical facilities are available in Punjab prisons.

“He is alleged to have led a conspiracy to attack and kill his niece and her husband because he did not approve of their marriage. In my opinion, the health problems … should not shield him from extradition to face trial, just as they would not shield an accused person from facing prosecution in Canada.”

Goepel also said that he does not agree that surrendering 64-year-old Sidhu would amount to unjust oppression because most of her family lives in Canada.

Badesha’s lawyer Michael Klein said he’s pleased with what he called an interesting and novel ruling.

“We’re still looking at the decision, determining the effect and import of the decision, and what next steps will be undertaken. That’s still up in the air at the moment.”

The extradition trial heard that Jassi Sidhu feared for her life after her family discovered letters she’d written to her husband Mithu Sidhu and that she was forced to sign a document saying she’d agree to have the marriage annulled.

Just Posted

RCMP believe Missing Hope teenager was headed to Chilliwack

Keely Reeze Loewen, 18, last in contact with a family member on June 13

Chilliwack trustees divided on Trans Mountain pipeline route near two schools

School district will pen letter to NEB to ask for re-routing away from schools to be considered

After 30 years, Agassiz’s Miss Marge set to retire from Variety Play

From 1989 to today, Miss Marge has taken generations of kids through the district play program

Crime Stoppers urges Lower Mainland residents to check these 9 safety items every night

Home security tips demonstrated at Cloverdale house on Wednesday

Hope raises almost $700 for Tillicum Centre

By purchasing art on display locally, community raised $690 for the adult centre

VIDEO: ‘Avengers: Endgame’ to be re-released with new footage

‘Avatar’ holds global box office record at $2.788 billion, while ‘Endgame’ stands at $2.743 billion…

Elias Pettersson wins Calder Trophy as NHL’s top rookie

Vancouver forward first Canuck to win award since Pavel Bure in 1992

FVRD chair calls B.C. incineration plan for Philippines waste ‘disturbing’

Metro Vancouver ‘uniquely capable’ of safely disposing of waste coming back to Canada, say officials

VIDEO: Acknowledging skeptics, finance minister vows to build Trans Mountain project

Bill Morneau said he recognizes ‘huge amount of anxiety’ in Calgary over future of oil and gas sector

Shovels could be in the ground on Trans Mountain by September, CEO says

Ian Anderson points to weeks likely required for NEB to reinstate 2016 regulatory record

Scorpion gives birth after hitching ride in B.C. woman’s luggage

A Vancouver woman inadvertently brought the animal home from a trip to Cuba

RCMP allows officers to grow beards

Members can now wear beards and goatees, as long as they’re neatly groomed

Girl, 10, poisoned by carbon monoxide at B.C. campsite could soon return home

Lucille Beaurain died and daughter Micaela Walton, 10, was rushed to B.C. Children’s Hospital on May 18

30 years later: B.C. woman uses sidewalk chalk to reclaim site of her sexual assault

Vancouver woman didn’t think her powerful story, written in chalk, would ignite such support

Most Read