Hc Refuses to Stay Extradition of Indian Priest in Rape Case

Business Standard
September 12, 2014

http://www.business-standard.com/article/pti-stories/hc-refuses-to-stay-extradition-of-indian-priest-in-rape-case-114091201087_1.html

The Delhi High Court today refused to stay the order of a trial court recommending extradition of Indian Catholic priest Rev Joseph Palanivel Jeyapaul, accused of sexually assaulting a 14-year-old girl in the US, during his stay there in 2004.

Justice Pratibha Rani said "where was the hurry that you came before this court, no such action has been taken yet".

"You were in a hurry yesterday. Where was the hurry?," the judge said.

Meanwhile, the counsel for the Centre told the court that "no order of extradition has been passed yet. It is under process."

To which the judge said "the magistrate report (order) has not been accepted by the Centre. So let them (Centre) first file their status report by Tuesday, then we will hear it".

The court had issued a notice to the government yesterday and asked it to respond on a plea of Jeyapaul, 59, challenging the order of trial court here recommending his extradition to the US to stand trial there.

Recently, the Ministry of External Affairs had moved the trial court saying a request was received from the US in February, 2011 seeking extradition of Jeyapaul to stand trial in the case.

The trial court had said that "prima facie" a case was made out for his extradition. If extradited, Jeyapaul will stand trial on the charge of a "first degree criminal sexual conduct" in Minnesota, USA.

Giving details of records received from the US Embassy, the ministry had told the court that Jeyapaul was serving as a priest in three churches in Minnesota and had allegedly met the girl during a conference.

It had said that the girl went to the church in 2004 when he allegedly sexually assaulted her and continued to abuse her till August 2005, while referring to the documents received from the USA.