The B.C. court of appeal has overturned an extradition order against the Maple Ridge mother and uncle of Jassi Sidhu, the woman who was brutally murdered sixteen years ago in India after she married against her family’s will.
B.C. court of appeal Justice Ian Donald says there are not reasonable assurances that Malkit Sidhu and Surjit Badesha wouldn’t face torture, violence, and neglect, if they were extradited to India to face conspiracy to commit murder charges.
Donald even suggests the pair should be tried in Canada.
A B.C. Supreme Court judge ordered the extradition in May 2014 after finding there was enough evidence for them to face trial for the murder of 25-year-old Jassi Sidhu.
Jassi had fallen in love with a poor rickshaw driver and secretly married him .
Her mother and uncle are accused of arranging an “honour killing” from Canada because Jassi defied the family’s wishes.
What happens next?
Ttwo senior levels of government are passing the buck on who is responsible for initiating a trial for Sidhu and Badesha.
With Donald suggesting a Canadian trial should be ordered, the federal government’s Depart of Justice responded to CKNW with a statement:
There are no charges pending against Mr. Badesha and Ms. Sidhu in Canada and, given the nature of the criminal conduct alleged against them, any decision whether to prosecute in Canada would have to be made by the police and provincial prosecuting authorities in British Columbia.
But BC’s Criminal Justice Branch says extradition proceedings are the responsibility of the Federal Department of Justice, and any information in relation to what course of action they will take should be addressed to them.