After extradition from UK, Vijay Mallya to be kept at Mumbai’s Arthur Road jail

Agencies
July 31, 2018

Mumbai, Jul 31: Mumbai's Arthur road jail, where fugitive liquor baron Vijay Mallya would be kept after extradition from the UK, was one of the best in the country, Home Affairs Ministry officials said on Tuesday.

The prisons in India were as good as in any other country in the world and prisoners' rights were fully protected in Indian jails. Mallya's apprehension about threat to his life was "misleading", a Home Affairs Ministry official said.

The comments came after a court in the UK today asked the Indian authorities to submit a video within three weeks of Arthur Road Jail cell where they plan to keep Mallya post-extradition to face the law in connection with the Rs 9,000 crore loan default cases.

The official said that adequate medical facilities were available to treat the prisoners in Arthur road jail, where Mallya would get full security cover as an undertrial prisoner and it was highly secured as per international standards.

The central government had already conducted an assessment of security cover given to prisoners in the Arthur road jail and its findings conveyed to the UK court.

Mallya, 62, was in the UK since March 2016 and he was arrested by the Scotland Yard on an extradition warrant on April 18. However, he was soon granted bail by the court.

India and the UK have an extradition treaty, signed in 1992, but so far only one extradition has taken place under the arrangement.

Samirbhai Vinubhai Patel was sent to India last October to face trial in connection with his alleged involvement in the post-Godhra riots of 2002. However, unlike Mallya, he had submitted to the extradition order without legal challenge.

During a brief hearing in London today, Judge Emma Arbuthnot said she was not able to hear the case fully and just addressed representations from the Crown Prosecution Service (CPS), representing the Indian government, and Mallya's defence team on the conditions at Barrack 12 of Mumbai Central Prison.

She asked the Indian authorities to submit a "step by step video" of Barrack 12 for "the avoidance of doubt" over the availability of natural light in the cell where the businessman was expected to be detained pre-trial, during the trial and in the event he was convicted by the Indian courts.

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Agencies
June 23,2020

Belgrade, June 23: Novak Djokovic tested positive for the coronavirus on Tuesday after taking part in a tennis exhibition series he organized in Serbia and Croatia.

The top-ranked Serb is the fourth player to test positive for the virus after first playing in Belgrade and then again last weekend in Zadar, Croatia.

His wife also tested positive. “The moment we arrived in Belgrade we went to be tested. My result is positive, just as Jelena's, while the results of our children are negative," Djokovic said in a statement.

Djokovic has been criticized for organizing the tournament and bringing in players from other countries amid the coronavirus pandemic.

Viktor Troicki said Tuesday that he and his pregnant wife have both been diagnosed with the virus, while Grigor Dimitrov, a three-time Grand Slam semifinalist from Bulgaria, said Sunday he tested positive.

Borna Coric played Dimitrov on Saturday in Zadar and said Monday he has also tested positive. There were no social distancing measures observed at the matches in either country and Djokovic and other players were seen hugging each other and partying in night clubs and restaurants after the matches.

 “Everything we did in the past month, we did with a pure heart and sincere intentions,” Djokovic said.

“Our tournament meant to unite and share a message of solidarity and compassion throughout the region.” Djokovic, who has previously said he was against taking a vaccine for the virus even if it became mandatory to travel, was the face behind the Adria Tour, a series of exhibition events that started in the Serbian capital and then moved to Zadar.

He left Croatia after the final was canceled and was tested in Belgrade. The statement said Djokovic was showing no symptoms.

Despite the positive test, Djokovic defended the exhibition series. “It was all born with a philanthropic idea, to direct all raised funds towards people in need and it warmed my heart to see how everybody strongly responded to this,” Djokovic said.

"We organized the tournament at the moment when the virus has weakened, believing that the conditions for hosting the Tour had been met. “Unfortunately, this virus is still present, and it is a new reality that we are still learning to cope and live with.”

Djokovic said he will remain in self-isolation for 14 days and also apologized to anyone who became infected as a result of the series. Organizers of the Adria Tour said the third stage of the event, scheduled to held next week in Bosnia, has been cancelled.

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News Network
January 7,2020

Jan 7: A Delhi Court today issued death warrant against four convicts in the 2012 Nirbhaya gang-rape and murder case. The hanging will take place on January 22 at 7 am.

During the hearing, the prosecution said there was no application pending before any court or the President right now by any of the convicts and the review petition of all the convicts was dismissed by the Supreme Court.

On Monday, the court had reserved order on issuing of death warrants against four death row convicts.

Today's order comes days after mother of the victim in the 2012 Delhi gang-rape and murder case moved the Supreme Court on opposing the plea filed by one of the four death-row convicts seeking review of its 2017 judgement awarding him death penalty.

The apex court had on July 9 last year dismissed the review pleas filed by the other three convicts — Mukesh (30), Pawan Gupta (23) and Vinay Sharma (24) — in the case, saying no grounds have been made out by them for review of the 2017 verdict.

The 23-year-old girl was gangraped and murdered by six men on a moving bus on 16 December 2012. The main accused, Ram Singh, allegedly committed suicide in Tihar Jail during the trial. Another accused was a minor at the time of the commission of the crime and was sent to a reform facility and released after three years.

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News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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