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Hannah Foster case: Kohli moves SC
July 12, 2007 03:20 IST
Maninder Pal Singh Kohli, accused of raping and killing British teenager Hannah Foster, on Wednesday moved the Supreme Court challenging the order of his extradition to the United Kingdom.
His counsel Charanjeet Singh Baxi said, a petition has been filed in the apex court against the magistrate's order allowing the plea of Ministry of External Affairs to extradite Kohli to face the trial in a court at Southampton, United Kingdom.
The advocate said, in the petition it has been contended that there was not even a prima facie evidence against Kohli, which was held by the magistrate as the basis for allowing his extradition.
On Friday, the Delhi high court had modified the order of the extradition magistrate which dealt with the merits of the case.
The high court on Kohli's appeal had said findings of the extradition magistrate shall be treated only as prima facie and not as conclusive evidence.
The counsel said the high court only dealt with the adverse observations made by the extradition magistrate on the accused but it did not go into the merits of the order and contended that the evidence relied against Kohli was full of contradictions.
DNA result showed that there were only 13 matches out of 20 and it could not be reliable evidence, he said, adding this point has been raised in the petition.
The magistrate's court on June 8 had allowed the extradition of Kohli to UK.
The court, however, had made it clear that no death penalty be awarded to Kohli even after he was found guilty after the trial in United Kingdom.