In court, the Crown alleged the pair orchestrated the murder because Sidhu had married a poor rickshaw driver in India, rather than the wealthy older man they preferred. Four men have already been convicted of murder in India in the case.
Sidhu and Badesha appealed the extradition, raising a number of grounds, including that they might be tortured or neglected in Indian jails.
In a split ruling in February, The British Columbia Court of Appeal set aside the minister’s order.
“In my view, there is a valid basis for concern that the applicants will be subjected to violence, torture and/or neglect if surrendered,” Justice Ian Donald said in his reasons for judgment.
The judge concluded that the minister’s decision to accept assurances from India that the health and safety of the accused would be protected was not reasonable.
“The minister cannot give effect to his surrender orders by sending the applicants to India until he receives assurances that are meaningful and likely to be effective.”
As usual, the high court gave no reasons for agreeing to hear the case.
This is like, a really tricky one. Because while what they did is fucking awful and they deserve death, you're also sending them back to India where you know their safety isn't guaranteed and you really can't set that legal precedent. Hmm
Why not? The way you say it, it's like you're saying India is a lesser country...
India is not a lesser country! It is clearly equal if not greater than the United States! ---