SC: Extradite woman, brother to India to face trial in daughter’s death
Toronto – The Supreme Court of Canada has ruled that a BC woman Malkit Sidhu and her brother, Surjit Badesha accused of masterminding the murder of her 25-year-old daughter, Jaswinder (Jassi) Sidhu should be extradited to India to face justice. India had requested that the mother and uncle, should be extradited to face trial for her death in 2000.
Jassi Sidhu’s body was dumped in a canal and her throat was slashed. She was allegedly targeted on the basis of honour killing as Jassi married a man of much lower social status instead of the person her family had arranged to marry her in Canada. Her husband, Sukhwinder (Mithu) Sidhu was badly beaten and left for dead, but he survived.
After hearing the whole case, finally the supreme court found that a surrender order by then Justice Minister Peter MacKay was justified. The judgment stated: “In this case, it was reasonable for the minister to conclude that, on the basis of the assurances he received from India, there was no substantial risk of torture or mistreatment of B and S that would offend the principles of fundamental justice protected by s. 7 of the charter, and that their surrenders were not otherwise unjust or oppressive.”
Lawyers for the accused told the Supreme Court in March that sending the pair to India would violate their constitutional rights under Sec. 7 of the Charter of Rights and Freedoms, that guarantees the right to life, liberty and security of the person. But the government lawyers argued as Canada has an extradition treaty with India. it will be undermined if Canada refuses to send the pair to face trial in India.