VICTORIA — The British Columbia Appeal Court has overturned an extradition order against the mother and uncle of young woman murdered in India over concerns that they will be tortured.
A B.C. Supreme Court judge ordered the surrender of Malkit Sidhu and Surjit Badesha to police in India in May 2014 after finding there was enough evidence for them to face trial for the murder of 25-year-old Jassi Sidhu.
In a split decision, Justice Ian Donald says in his ruling that India's assurances about violence against prisoners are empty because of the country's record of human rights abuses.
Donald says that while the case against the brother and sister from Maple Ridge, B.C., is strong and their extradition was approved by the former Conservative government, the justice minister should consider whether the pair could be tried in Canada.
The young woman's body was found in a canal in Punjab province in June 2000.
She had fallen in love with a rickshaw driver on a trip to India and secretly married him several years later against the wishes of her family who had already arranged a marriage.
