Supreme Court Dismisses Dutch National's Plea Against Indian Trial For Murder Of British Woman In Kashmir

The Supreme Court today(March 9) refused to entertain a writ petition filed by Dutch national Richard De Wit, alleged to have murdered a 24-year-old English woman, Sarah Elizabeth Groves, in Jammu & Kashmir in 2013.

Wit had filed a writ petition seeking repatriation to Netherlands on the grounds that he is suffering from Schizophrenia and is unfit to stand trial.

A bench comprising Justice Pankaj Mithal and Justice SVN Bhatti refused to entertain the writ petition. The counsel for the State of Jammu & Kashmir submitted that Wit has spent 13 years in prison and the trial has been stayed for the last 5 years.

Justice Mithal responded: "A crime has been committed in his country, and the person has to be tried according to the Indian law. Where is the question of taking him to England or anywhere else? The Trial is stayed because he[Wit] says he says he is not in a mentally stable condition but did you find any concrete evidence?"

The petitioner's counsel responded that a hospital in Jammu & Kashmir examined him and reported that he has suffered from Schizophrenia since birth. To this, Justice Mithal stated that the Court has gone through the medical reports, but none are conclusive regarding Wit's mental state.

The case proceeded on a complaint filed by the deceased's parents, who appeared through VC today. They are formally not a party to the present proceedings.

When the Court allowed the victim's family to speak, her parents thanked the Court for taking up the matter. Her parents vehemently opposed the repatriation of Wit. Her father stated that the trial is no longer stayed as of March 6, and the Trial Court judge passed an order declaring that Wit is fit to stand trial.

The Counsel for the State responded that he is not aware that the trial has been resumed, and some time may be given to verify the details. However, the Court refused and said that if the crime has been committed in Indian soil, the accused must be duly punished.

"You must by now have heard what they(parents of the deceased ) are complaining. They want the trial to be completed expediously and they say that the Trial Judge is of opinion that the accused can stand trial. So why should be wasting our time. Even if we make it appear that we are considering, it may not send the right signals at all. As my brother has put it, the offence has happened in the soil of our country. We have our jurisprudence and law. We will not be saying that due to our incapacity to try a person and on request of the accused, we will send him to another country. In one of the reports, or at least I get the feeling that he is the situation to believe that he is not in a position to face the trial. What he is creating to his advantage, we should not fall in the trap," Justice Bhatti said.

Justice Bhatti said that it appears that by choice, Wit is refusing treatment. "Our system has it credibility..." he added.

It ordered: "The petitioner is a Dutch national, who is facing trial pursuant to FIR 40/2013 dated 6.4.13 for a case of murder under Section 302 of the IPC of a British tourist who was found dead in a houseboat in Srinagar. The petitioner has invoked writ jurisdiction for his release and deportation to the Netherlands on grounds that he is not mentally fit to face the trial. The parents of the victims have joined virtually and their stand is that the petitioner face trial and it should be completed expeditiously. In totality, we are of the opinion that it is not a fit case where we should exercise our inherent jurisdiction. Accordingly, the writ petition is dismissed and the petitioner is directed to face trial in accordance with law. We expect the trial to be completed expeditously."

Case Details: RICHARD DE WIT Vs THE STATE OF JAMMU AND KASHMIR|W.P.(Crl.) No. 6/2026 Diary No. 71044 / 2025