Mallya to appeal against UK court's extradition verdict

Agencies
December 19, 2018

London, Dec 19: Vijay Mallya intends to file an application to appeal against a British court's verdict in favour of his extradition to India, the embattled liquor baron's legal team confirmed on Wednesday.

The 63-year-old businessman told reporters soon after the ruling by Westminster Magistrates’ Court Chief Magistrate Emma Arbuthnot last week that he would consider the verdict in detail and decide his next course of action.

"Mallya has now been able to consider the court's decision and intends to file an application for permission to appeal at the appropriate time," said Anand Doobay, Partner at UK-based Boutique Law LLP, who has been Mallya’s solicitor through the extradition trial process.

Under the Extradition Treaty procedures, the Chief Magistrate’s verdict has been sent to UK Home Secretary Sajid Javid because it is the minister who is authorised to order Mallya’s extradition and has two months within which to make that decision.

The Home Secretary’s order rarely goes against the court's conclusions as he has to consider only some very narrow bars to extradition which are unlikely to apply in this case, including the possible imposition of a death penalty in a particular case.

"Whatever that decision (by the Home Secretary), the losing side has up to 14 days within which to approach the High Court and seek leave to appeal. Any appeal – if granted – will be heard at the Administrative Court [High Court],” noted a statement by the Crown Prosecution Service (CPS), which represents the Indian government in the extradition case.

Meanwhile, Mallya remains on bail on an extradition warrant executed by Scotland Yard in April last year after the Indian authorities brought fraud and money laundering charges amounting to Rs 9,000 crores against the former Kingfisher Airlines boss.

While Mallya's legal team had argued in the UK court that the default on the loans sought by the now-defunct airline were the result of business failure, the CPS had claimed fraudulent intentions by the businessman in seeking and then dispersing those loans.

Judge Arbuthnot, in her ruling delivered on December 10 at the end of a year-long trial, concluded there is a case to answer in the Indian courts over substantial "misrepresentations" by the "flashy billionaire" of his financial dealings.

The judgment had also dismissed the defence team's attempt to challenge the case on human rights grounds by claiming that Barrack 12 of Arthur Road Jail in Mumbai, where the businessman is to be detained following his extradition, did not meet the requirements.

The UK court said it was satisfied with the various assurances provided by the Indian government, including a video of the jail cell, which had not only been recently redecorated but was also far larger than the minimum required threshold.

Mallya needs permission to appeal against this verdict within 14 days of the Home Secretary’s decision, and the case would then proceed to the UK High Court if the appeal is allowed.

There is some limited recourse for the case to go on to a further level of the Supreme Court, but that is only possible if the High Court certifies that the appeal involves a point of law of general public importance, and either the High Court or the Supreme Court gives leave for the appeal to be made.

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News Network
May 28,2020

Geneva, May 28: The global death toll from the novel coronavirus has risen over the past 24 hours by 5,581 to 349,095, the World Health Organization (WHO) said in its daily situation report.

The number of confirmed cases has increased by 84,314 to 5,488,825, the WHO said.

Most cases of infection are recorded in the Americas (North and South America) - 2,495,924, with 145,810 deaths. While Europe has reported 2,061,828 cases and 1,76,226 deaths so far.

As per WHO tally, the US has the highest number of cases in the world with 1,63,4010 infections.

The global health body declared the outbreak of the new coronavirus a pandemic on March 11.

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News Network
April 9,2020

Paris, Apr 9: More than 1.5 million cases of the novel coronavirus have been registered worldwide, according to a tally compiled by AFP at 0530 GMT Thursday from official sources.

Of the 1,502,478 infections, 87,320 people have died across 192 countries and territories since the epidemic first emerged in China late last year.

The tallies, using data collected by AFP from national authorities and information from the World Health Organization (WHO), probably reflect only a fraction of the actual number of infections. Many countries are only testing the most serious cases.

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News Network
January 3,2020

New Delhi, Jan 3: US aviation regulator Federal Aviation Administration on Thursday warned America's airlines and their pilots that there is risk involved in operating flights in Pakistan airspace due to "extremist or militant activity", according to an official document.

"Exercise caution during flight operations. There is a risk to US civil aviation operating in the territory and airspace of Pakistan due to extremist/militant activity," said the US Federal Aviation Administration (FAA) in a notice to airmen (NOTAM) dated December 30, 2019.

The NOTAM is applicable to all US-based airlines and US-based pilots.

The US regulator said in its NOTAM that there continues to be a risk to US civil aviation sector from attacks against airports and aircraft in Pakistan, particularly for aircraft on the ground and aircraft operating at low altitudes, including during the arrival and departure phases of flights.

"The ongoing presence of extremist/militant elements operating in Pakistan poses a continued risk to US civil aviation from small-arms fire, complex attacks against airports, indirect weapons fire, and anti-aircraft fire, any of which could occur with little or no warning," it said.

The FAA said that while, to date, there have been no reports of man-portable air defense systems or Manpads being used against the civil aviation sector in Pakistan, some extremist or terrorist groups operating there are suspected of having access to these Manpads.

"As a result, there is potential risk for extremists/militants to target civil aviation in Pakistan with Manpads," it said.

The regulator added that pilots or airlines must report safety or security incidents - which may happen in Pakistan - to the FAA.

Pakistan on July 16 last year opened its airspace for India after about five months of restrictions imposed in the wake of a standoff with New Delhi.

Following the Balakot airstrikes by the Indian Air Force, Pakistan had closed its airspace on February 26 last year.

Pakistan in October last year had denied India's request to allow Prime Minister Narendra Modi's VVIP flight to use its airspace for his visit to Saudi Arabia over the Jammu and Kashmir issue.

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