India on Wednesday termed as "disappointing" a Denmark court's refusal to allow the extradition of Purulia arms drop case mastermind Kim Davy and strongly rejected the argument that prisoners are subjected to torture in India.
"The Kim Davy verdict is very disappointing. We reject the argument that prisoners are subjected to torture or that human rights of the accused will be violated," said Home Minister P Chidambaram.
He was replying to a question on the refusal of a Danish high court to allow the extradition of Davy to India to face trial, saying he ran the risk of "torture or other inhumane treatment" in India.
Chidambaram said he has written a letter to External Affairs Minister S M Krishna, making all these points and requesting him to ask the government of Denmark to immediately file an appeal in a higher court there.
"There is an appeal still available. There is a deadline to file the appeal and I am sure the external affairs minister and the ministry of external affairs will take it up with the Denmark government and file an appeal in the highest court in Denmark," he said.
The home minister said that if Kim Davy is extradited, he would be tried in an open court and would be produced before the court every day.
"He will have consular access. He can always tell the judge that he needs to be medically examined and if there is any violation of human rights, he can always complain the next morning when he is brought to the court," he said.
Chidambaram said all these apprehensions were completely unfounded. The home ministry has requested the ministry of external affairs to impress upon the government of Denmark in the "strongest terms that they must file an appeal and try to get a verdict which will enable Kim Davy's extradition to India".
Last week, the Eastern high court in Copenhagen rejected the Danish government's plea to allow 49-year-old Davy, also known as Niels Holck, to be handed over to the Central Bureau of Investigation in the 1995 Purulia case.
The court also rejected the diplomatic assurances given by the Indian government to its Danish counterpart that no harm will befall Davy, once he is in custody in India.
India's failure to ratify the United Nations Torture Convention, alleged degrading treatment in jails and widespread human rights violations are some of the reasons cited by the high court.
Sophisticated arms, including AK-47 assault rifles, anti-tank grenades and other weapons were dropped from a foreign plane on the fields of Purulia in West Bengal on the night of December 17, 1995.
An Interpol Red Corner Notice was issued against Davy in 1996 on the CBI's request.
Since he was traced in Denmark in 2001, efforts continued to extradite him to India even though there was no extradition treaty between the two countries.
