Niels Holck not to be Extradited to India as Danish Court rules out extradition for the second time

By Team Unread Why

Who is Niels Holck?

Niels Holck who went by the name Kim Davy during the crime of dropping unauthorized arms is considered to be a mastermind in the 1995 Purulia Arms Drop Case. In a trial proceeding he himself confessed to his crimes claiming that he was in close association with the organization called Ananda Marga and identified himself as one of the Ananda Margis or the members of the group.

Ananda Marga was a spiritual and humanitarian organization run by monks who claimed to believe in offering selfless service to society for the promotion of individual growth and social upliftment, with its headquarters based in Purulia. Niels Holck admitted to arms smuggling and claimed to be helping socio-spiritual organization members to fight the ruling Communist Government, who were facing prosecution at the hands of the ruling dispensation. Besides the trial proceedings, he also recounts the arms-dropping incident vividly in his autobiography titled They Call Me A Terrorist.

What is the Purulia Arms Drops Case of 1995?

On 17 December 1995, the western-most district of West Bengal called Purulia in India witnessed an unusual event when unauthorized arms, including 300 AK-47 rifles, pistols, anti-tank grenades, rocket launchers, night vision binoculars, rocket launchers, and missiles, were dropped from an Antonov AN-26 aircraft. The seven-member crew on a Russian Cargo plane that orchestrated the arms smuggling included five Latvian citizens, a British citizen, and Niels Holck, a Danish National.

The British citizen was none other than Peter Bleach, an arms dealer who served more than eight years imprisonment before being granted a Presidential pardon in 2004 for his involvement in the arms smuggling case. He, along with the other five members, faced life imprisonment for conspiring to wage war against India in the trial of 2000 before being released eventually in 2004.  The plane which dropped the arms in the darkness was timely intercepted by the Indian Air Force aircraft. While the Indian authorities arrested six of the seven crew members, Niels Holck escaped to Nepal and arrived in Denmark in 1996, only to be arrested there later in 2010.

Why is it in the news after almost three decades?

The 29-year-old case resurfaced as on Thursday, the Danish Court rejected India’s request to extradite Niels Holck, now a sexagenarian, for his involvement in the 1995 Purulia Arms drop Case, despite India’s diplomatic assurances about his protection and humane treatment. While this incident has almost faded from the public memory, it still remains a serious issue that might have a larger implication for the country’s external and domestic security measures.

Why was his extradition to India rejected despite an earlier agreement?

India requested his extradition in the year 2002 for the first time to have him stand trial in India on the promise of guaranteeing his protection from the death penalty and assurances that he would serve any sentence in Denmark. The Danish Government agreed initially after receiving assurances from its Indian counterpart and even passed an extradition order in 2010, to which Holck appealed.

In spite of that India had to make a similar request in 2016 again for the second time as it faced rejection by a Danish court earlier in 2011, citing risk of inhuman treatment as a response to Holck’s appeal. Another Danish Court based in Hillerod district recently declined to extradite him on the suspected ground that he will be tortured and subjected to inhuman treatment in India, which is clearly in violation of Article 3 of the European Convention of Human Rights, thus turning down India’s request for the second time.

What is the fallout from the case?

The extradition remains a bone of contention in the Indo-Danish Relations. Before the extradition order passed by the Danish Government in 2010, Niels Holck led a normal life in Denmark with his family successfully running a solar energy firm and even publishing his autobiography in 2008. While the pressure from the Indian authority forced the Danish Government to appeal the court verdict rejecting the extradition order in 2011, which the High Court upheld, the Ministry of External Affairs in India was quick to lodge their discontent over the failure of the Danish authority to re-appeal the matter in the Supreme Court back then.

India back then termed this negligence on the part of the Danish authority as a move that would encourage “criminals and terrorists”. Now, after all these years, it remains to be seen how the Indian government reacts this time and whether the wound that is often considered one of the serious security breaches to be faced by post-Independence India is allowed to fester unchecked and if the situation between the two countries further sours.

FAQ

Who is Niels Holck?

Niels Holck, alias Kim Davy, is a Danish national who is considered to be a mastermind in the 1995 Purulia Arms Drop Case.

What is the Purulia Arms Drops Case of 1995?

On 17 December 1995, an Antonov AN-26 aircraft dropped unauthorized arms, including 300 AK-47 rifles, pistols, anti-tank grenades, rocket launchers, night vision binoculars, rocket launchers, and missiles in a district called Purulia in West Bengal.

What was the ground for the rejection of extradition by the court?

The Danish Court recently declined to extradite him on the suspected ground that he would be tortured and subjected to inhuman treatment in India, which is clearly in violation of Article 3 of the European Convention of Human Rights, thus turning down India’s request for the second time.

What is the fallout from the case?

The extradition remains a point of contention in Indo-Danish Relations. Before the Danish government passed the extradition order in 2010, Niels Holck led a normal life in Denmark with his family, successfully running a solar energy firm and even publishing his autobiography in 2008.

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Sunday, Sep 8, 2024