Britain's willingness to allow Canadian authorities to charge convicted bomb-maker Inderjit Singh Reyat in the 1985 Air-India bombing case appears to be without precedent, stirring legitimate concern about upholding the principles of international extradition law. But there is a parallel concern, namely the possibility that an alleged architect of the worst mass murder in Canadian history might escape justice through what many would perceive as a legal loophole.
Convicted in the June, 1985, explosion at Tokyo's Narita airport that killed two Japanese baggage handlers, Mr. Reyat, 49, is now two days away from completing a 10-year sentence for manslaughter. But there will be no freedom for Mr. Reyat when he ends his term at British Columbia's Matsqui prison. Instead, prosecutors say he will be charged today in the Air-India explosion, which occurred an hour after the Narita blast and killed 329 people, mostly Canadians of Indian ancestry. Two other men have already been charged with murder in the Air-India attack, allegedly orchestrated by Vancouver-based Sikh militants.
It took some 11th-hour legal manoeuvring to clear the way for new charges against Mr. Reyat. With dual Canadian and British citizenship, he fought extradition from Britain for almost two years before he was sent back to Canada in 1989 and later convicted. That extradition request, however, was based solely on the Narita charges. To proceed on the Air-India matter, special dispensation had to be granted by British Home Secretary Jack Straw.
That's because the rules of extradition are clear. The charges on which a suspect is sought must be specified, to avoid the possibility of a fishing expedition whereby additional charges are laid once that person has been returned.
That's what's happening here, argue Mr. Reyat's lawyers, who plan to appeal the British ruling. When Mr. Reyat was extradited from Britain 12 years ago, there was insufficient evidence to charge him in the Air-India case. Only now does it appear that there is. Hence the worry that this decision sets a dangerous precedent.
It need not because, in several ways, this case is in a category of its own. First is the sheer enormity of the Air-India bombing. Second is the fact that investigators have always believed that it and the Narita attack were twin acts of terrorism that were part of the same conspiracy. The third justification for charging Mr. Reyat now is the possibility that, if he were to walk free on Friday, he would vanish.
We cannot assess the evidence against him, beyond noting that Mr. Straw spent months considering it before agreeing to Canada's request. What can be said, however, is that to justify this unusual breach of extradition protocol, the evidence had better be compelling.