Court of Appeal grants review of extradition order against mother, uncle of Jassi Sidhu

The B.C. Court of Appeal has granted a judicial review of an extradition order against the mother and uncle of Jassi Sidhu.

The pair were to face murder and conspiracy to murder charges in the brutal slaying of Sidhu in India in 2000 but the B.C. Court of Appeal found Malkit Sidhu and Surjit Badesha could possibly be tortured if extradited to India.

The Minister of Justice initially ordered the extradition, conditional on assurances from India respecting the non-imposition of the death penalty, the applicants’ health and safety in custody, and consular access.

The court ruling claims the pair challenged the Minister’s decision on the basis that India may not honour the death penalty assurance, that they may not receive a fair trial in India, and that the assurances are insufficient to meet the risk of torture, violence and neglect in Indian custody.

The ruling also states that if it becomes apparent that no guarantees of a fair trial from the Indian side are possible, the Minister could revisit the question whether the applicants could be tried in Canada.

Jassi Sidhu, of Maple Ridge, was the alleged victim of a so-called “honour killing” that, a court heard, was ordered by her own family.

In 1994, Sidhu traveled to India and fell in love with Sukhwinder (Mithu) Singh Sidhu, a poor rickshaw driver, whom she secretly married five years later.

But in 1999, Jassi’s uncle began arranging her marriage to a wealthy 60-year-old businessman. In June of the same year, Sidhu entrusted to her co-workers that her clandestine love had been discovered after missing several days of work and returning with bruises.

Meanwhile, her husband Mithu was kidnapped, threatened and beaten in India. Jassi signed a notarized statement saying she was coerced into marriage and her uncle made a complaint to police in India.

In April of 2000, she complained to the RCMP of threats and assault by her family over her illicit marriage. In May, Sidhu traveled to India and made a statement to local police that Mithu did not coerce her into marriage, that her uncle made a false allegation.

In June, Jassi and Mithu were attacked by a group of armed men. The next day, Jassi’s body was found in a canal. Indian police allege her mother gave the final order for her death in a telephone call from Canada.

In 2005, seven men were convicted in Jassi’s death. Indian police allege they were paid by Badesha and Malkit to carry out the killing.

In 2012, Sidhu’s mother and uncle were arrested under the Extradition Act and have remained in custody ever since.

Two years later, B.C. Supreme Court judge ordered their extradition to India.

READ MORE: A timeline of Jassi Sidhu’s life and death

With files from the Canadian Press