The Supreme Court on Tuesday refused to release a 56-year-old French woman arrested from India in connection with a terrorist act involving killing of a Chilean senator in 1991. The court observed that with terrorists striking at will, states must coordinate efforts to ensure that terrorists on the run do not escape after committing such crimes.
The bench of CJI-designate Justice TS Thakur and Justice Kurian Joseph was aware of the fact that the petitioner Marie Emmanuelle Verhoeven had spent nine months in Tihar Jail. Her lawyers argued that till such time the court decides on the validity of her detention, she may be released owing to her failing health.
But the bench observed, “She is accused of a terrorist activity having killed somebody as part of a group indulging in subversive activities. The moment she is released, she will escape. This woman has been travelling around the world, who will guarantee that she will not escape.”
Verhoeven had challenged her arrest and extradition proceedings initiated by the Indian Government at the request of Chile for her alleged involvement in the assassination of Senator Jaime Guzman Errazuriz on April 1, 1991 there.
The Court noted that it also involved bilateral relations between India and Chile. “In a case where a terrorist escapes to another country there must be coordination and cooperation among States. With terrorists striking at will, we cannot do anything that will complicate things,” the bench said.
The bench made enquiries as to whether the French Government had intervened in her case realising that she is a French national. Her counsel, senior advocate TR Andhyarujina showed a letter where the French Embassy wrote to her informing that it will abide with whatever decision is taken by the Indian authorities.
The bench said, “The letter simply says we will not stand guarantee for our citizen in a foreign country in litigious matters. We are not going to release her in the interregnum.” Andhyarujina argued that the 1897 Extradition Treaty between the then British India and Chile was not in force on February 16, 2015 when Verhoeven was arrested.
Also, the red corner notice issued by Interpol stood cancelled.
ASG PS Patwalia, on behalf of Centre, said that the treaty has been notified on April 28 and even the Chilean government has sent a fresh request for extraditing the petitioner on November 16. According to him, even in absence of treaty, on a request by a Foreign Government, an accused can be detained.