The Delhi High Court on Friday restrained a lower court from passing the final order on the British government's plea for extradition of Maninder Pal Singh Kohli, the key accused in the Hannah Foster murder case.
Justice R S Sodhi, however, said that the Additional Chief Metropolitan Magistrate, New Delhi could go ahead with the trial.
The court is seized of Kohli's petition, challenging ACMM Ravinder Dudeja's order rejecting his plea for summoning 10 defence witnesses from the United Kingdom. The court set January 6 as the next date for hearing.
In his petition, filed through advocate Charanjit Singh Bakshi, Kohli had sought reversal of the ACMM's order on the ground that the right to defence is provided to a person sought to be extradited under the Extradition Act.
Foster was murdered in March 2003 in London, allegedly by Kohli, who fled to India after the incident. Kohli is currently facing proceeding for his extradition to the UK, where he is wanted by the Scotland Yard in connection with the rape and murder of Foster.