High Court allows extradition of Indian origin man to Canada

Source – dnaindia.com

The Delhi High Court has allowed the extradition of an Indian-origin man who was accused in four cases of molestation and sexual assault in Canada and allegedly fled from the country to save himself from the clout of law.

Justice Ashutosh Kumar held that the offences for which 85-year-old Omesh Chandra Kashyap has been charged are extraditable, being punishable both in India and Canada and are not political in nature.

While passing the orders, the High court upheld the directions passed by the Additional Chief Metropolitan Magistrate, who had found that the offences were covered under Article 3 of the Extradition Treaty between the Government of Canada and Government of India which came to force on August 7, 1987.

“No interference is called for either with respect to the report of the Magistrate or the decision of the Central government to accept the report recommending the extradition,” said the court

On January 6, 2003, the Canadian High Commission had made a request to the Ministry of External Affairs for the extradition of Kashyap. Pursuant to this note, the government of India made a request to the Magistrate to enquire into the case of the petitioner regarding his extradition.

Kashyap was accused for indecent assault on a woman between December, 1978 and May 1980 for which he was charged under Section 149 (1) of the Criminal Code of Canada. He was also accused of committing sexual assault on another woman on February 28, 1990 which is contrary to Section 271 (1)(a) of the Criminal Code of Canada.

The accused challenged the communication which is in the nature of an order-cum-notice to him that the inquiry report, recommending the extradition to the government of Canada, has been accepted by the Central government.

However, he refused all the charges stating that he was falsely being implicated by the Canadian government as while working as a practicing psychiatrist in New Foundland Canada and during his stay there, a mamooth scandal of child sexual abuse by ecclesiastical authorities was reported, leading to the resignation of many senior episcopal/temporal authorities of the Church.

He also alleged that the government of Canada was interested in hushing up the controversies.