A Canadian Court has stopped the extradition to India of Malkit Sidhu and her brother Surjit Badesha, who were to face trial for the honour killing of the woman’s daughter. The court was concerned the pair may not get justice in India.
Mrs Sidhu and her brother who are accused of the murder of Jaswinder Kaur Sidhu have now been granted a judicial review by the British Columbia Appeal Court that said in the light of India’s human rights record, it was not reasonable to accept India’s assurances over the future health and safety of the accused.
Canadian born Jaswinder Sidhu was found dead with her throat slit in Punjab in 2000. She was 25. Her mother Malkit 65, and uncle Surjit, 70, were arrested in 2012 on suspicion of so-called ‘honour killing’. Jaswinder after she married rickshaw driver Mithu Sidhu whom she met in India a few years earlier. The couple were attacked as they rode a scooter in a village near Sangrur, Punjab, in 2000. The husband was beaten and left for dead and she was kidnapped and later killed and her body dumped in a canal.
Former justice minister Peter MacKay ordered their surrender to face charges of murder and conspiracy to commit murder, conditional on assurances from India that they would not face the death penalty, and they would be healthy and safe and be allowed consular access.
In Jan 2015, MacKay wrote to the accused’s counsel saying he had received assurances from India and he considered them satisfactory. That decision was then appealed.