A Danish court on Thursday rejected India's request for the extradition of Niels Holck, also known as Kim Peter Davy, who is wanted in connection with the Purulia arms drop case.
On the night of December 17, 1995, a Latvian Antonov An-26 aircraft flew over Indian airspace, dropping a cache of weapons over the village of Joupur in West Bengal's Purulia district. The consignment was allegedly meant for a rebel group in West Bengal.
Kim Davy was allegedly the mastermind behind the operation.
For years, New Delhi has sought Davy's extradition to stand trial in an Indian court. However, the Danish court rejected India's request, stating that sending him to India would violate Denmark's extradition act due to a risk that he would be subjected to treatment in breach of the European Convention on Human Rights.
Anders Rechendorff, the public prosecutor who last year nominated Davy for a handover to stand trial in India, told news agency Reuters that it had yet to be decided whether the decision would be appealed.
According to Davy's lawyer, Jonas Christoffersen, the guarantees provided by India were not valid. "It's been six years of negotiating the conditions between the public prosecutor and India. Now the court says that his safety can't be guaranteed," Christoffersen told Reuters.
Davy previously admitted in a Danish court that he was onboard the cargo plane with six others, smuggling weapons into West Bengal in December 1995. He also admitted to the fact that the arms were intended for people associated with Ananda Marga, a rebel movement.
WHAT IS THE PURULIA ARMS DROP CASE?
On December 17, 1995, an Antonov An-26 aircraft dropped a consignment in Joupur. This included hundreds of AK-47 rifles, anti-tank grenades, rocket launchers, and over 25,000 rounds of ammunition, allegedly meant for Ananda Marga, a socio-spiritual organisation with a history of militancy.
The aircraft, piloted by a crew led by Peter Bleach, a former British Army officer turned arms dealer, was intercepted by Indian Air Force jets when it attempted to leave Indian airspace on December 22, 1995. The crew, including five Latvian nationals and Bleach, was arrested and put on trial.
Davy, the chief accused, managed to evade arrest by escaping from the airport. According to his later statements, he bribed airport officials and fled to Nepal, eventually making his way back to Denmark.
Davy also claimed that the arms drop was to protect members of Ananda Marga from the communist government in West Bengal.
Both Kim Davy and Peter Bleach alleged that the Indian authorities were aware of the arms drop beforehand, who wanted to overthrow the communist rule in Bengal.
Some theories also suggest Kim Davy was a CIA 'dirty asset' and that his connections with the CIA led to protection from the Danish authorities.