Niels Holck alias Kim Davy, who is facing extradition proceedings before the Denmark High Court, in one of his defence arguments, had claimed that 1995 air-dropping of arms was carried out to destabilise the then Jyoti Basu government of West Bengal. Hence, he may not get a fair treatment in the prisons of the state ruled by a Communist government.
However, the defence of Davy apparently lost its steam when Danish prosecutor quoting media reports, during May 16 hearing, informed the High Court that Communists have been defeated in elections hence his fears do not hold ground in the changed circumstances, the Danish court proceedings show.
"On Thursday, we have heard that Niels Holck feared coming to West Bengal because of Communist regime. Here I can refer to a newspaper article, I stumbled upon on May 14 (and hoards of clippings), which says after 34-years in power, the Communist party in West Bengal has suffered a devastating defeat in the elections," prosecutor said.
"The Communist party leader says decision of people must be respected. The people have voted for a change, so Niels Holck need not fear the Communists any more," the prosecutors have told the Court during May 16 proceedings.
A CBI team led by DIG Arun Bothara had gone to Denmark to help the local authorities in the case.
To buttress the point that condition of human rights is not as bad in Indian prisons as portrayed by Davy, the Danish prosecution was provided with a book of paintings done by inmates of West Bengal prisons, sources said.
The CBI officials, who were assisting the prosecution, also provided them with a letter from the state officials stating that all the assurances from Indian Government will also stand in West Bengal.