Friday, August 12 2005 14:07 Hrs (IST) - World Time -

New Delhi: The Supreme Court today (Aug 12, 2005) dismissed a petition filed by Maninder Pal Singh Kohli, prime accused in the rape and murder of British teenager Hannah Foster, seeking quashing of appointment of a Magistrate to inquire whether he could be extradited to UK for the alleged offence.

A bench comprising Justice S N Variava and Justice Tarun Chatterji dismissed the petition saying "We see no merit in it" and upheld a July 8 High Court order.

The High court had dismissed Kohli's petition saying it did not feel the need to interfere in its earlier order on the appointment of Additional Chief Metropolitan Magistrate (ACMM) to probe whether there is a prima facie case against the petitioner (Kohli) for extradition.

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 Center 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 Center transgressed its power by appointing ACMM, Kohli's counsel submitted that it was volatile of Article 234 and 235 of the Constitution by which control over the District courts 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 hold the extradition enquiry was volatile of the Constitution.

The ACMM is examining UK's request to India for extraditing Kohli, who had escaped from England on March 16, 2003, two days after 17-year-old Foster's body was found.

He was brought here from Chandigarh where he was lodged after his arrest on July 15, 2004 from Kalimpong in West Bengal.

After completing the prosecution evidence in the extradition case, the ACMM has begun recording evidence of defence witnesses in the case.