In a written reply, Minister for state for Home Affairs, Mullappally Ramachandran told Lok Sabha,"Government of India have rejected the order as being unfounded and baseless and have reiterated their demand for the extradition of Kim Davy to India."
The Minister said City Court, Hillerod, Copenhagen by its order dated November 1, 2010 set aside the order of Danish Ministry of Justice for the extradition of Kim Davy to India.
He said the Danish High Court by its order dated June 30, 2011 upheld the order of the City Court Hillerod on the ground that if Kim Davy is extradited to India for prosecution, there would be a real risk that he would be subjected to treatment in violation of article 3 of the European Human Rights Convention.
The case relates to the incident on the night of December 17, 1995, when an AN-26 aircraft dropped arms and ammunition in West Bengal's Purulia district. The consignment had hundreds of AK-47 rifles, pistols, anti-tank grenades, rocket launchers and thousands of rounds of ammunition.
The crew consisted of five Latvian citizens and British national Peter Bleach all of whom were arrested.
Davy, a Danish citizen and the prime accused in the case, had escaped.
The crew were released from a prison in Kolkata in 2000 after requests from the Russian authorities, while Bleach was given a presidential pardon in 2004 following requests by the UK government.