Friday, July 8 2005 17:31 Hrs (IST) - World Time -

New Delhi: The Delhi High Court today (July 8, 2005) dismissed the plea of Maninder Pal Singh Kohli, prime accused in the rape and murder of British teenager Hannah Foster, to quash the order appointing a Magistrate to inquire, whether he could be extradited to United Kingdom for the alleged offence.

"In our view and in that of the earlier judgement of this court on the issue, no interference is called for on the appointment of Additional Chief Metropolitan Magistrate (ACMM) to probe, whether there is a prima facie case against the petitioner (Kohli) for extradition," a Bench comprising Chief Justice B C Patel and Justice S K Kaul said.

The Court said the ACMM was not to conduct the trial and his appointment has been only to arrive at a conclusion after inquiry whether a prima facie case is made out against him for his extradition or not.

Kohli had challenged the appointment of ACMM to hold inquiry for his extradition for the alleged offence saying, the centre did not have the power to appoint member of the Subordinate Judiciary as Extradition Magistrate without the permission of the High Court.

Contending that the Centre transgressed its power by appointing ACMM, Kohli's counsel submitted that, it was violation of Article 234 and 235 of the Constitution by which control over the District court vest only with the High Court.

The accused had submitted that the order of magisterial inquiry under section 5 of the Extradition Act, 1962 and the order of September 6, 2004, appointing ACMM to probe for his extradition was violation of the Constitution.

Rejecting the contention, the Bench said, earlier also section 5 of the Act had been challenged before this court and the provision was upheld.