An application has been filed in court asking that the 2014 extradition surrender order for Malkit Kaur Sidhu be set aside permanently.
The application was made in the B.C. Court of Appeal in October and says that the requesting state, India, had tried to remove Sidhu before her legal rights had been exhausted and was a violation of her charter rights.
Malkit Kaur Sidhu, 66 or 67, and Surjit Singh Badesha, 71, were facing extradition after being charged in India with conspiracy to commit murder in connection with the June 2000 death of former Pitt Meadows secondary student Jaswinder Kaur Sidhu, also known as Jassi.
Malkit is Jassi’s mom and Badesha is her uncle.
The extradition of the two Maple Ridge residents facing murder conspiracy charges in India was stayed last September while Sidhu and Badesha were in custody in Toronto, on their way to India to face trial.
A three-judge panel from the B.C. Court of Appeal accepted an application for judicial review.
Former Pitt Meadows secondary principal Jim Longridge, who knew Jassi, has been following the case.
“What annoys me is there is somebody trying to get permanent cancellation of the extradition stuff,” he said Thursday.
“I’m going to shake my head if it was a mistake [in legal process].”