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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Agencies
June 4,2020

Washington D.C, Jun 4: A lawsuit has been filed against US President Donald Trump for signing an executive order on preventing online censorship that seems to violate the freedom of speech of individuals on social media platforms.

On Tuesday, the Center for Democracy and Technology filed the lawsuit against Trump's "Executive Order on Preventing Online Censorship," which was signed May 28, 2020. The suit argues that the Executive Order violates the First Amendment by curtailing and chilling the constitutionally protected speech of online platforms and individuals.

"CDT filed suit today because the President's actions are a direct attack on the freedom of speech protected by the First Amendment. The government cannot and should not force online intermediaries into moderating speech according to the President's whims. Blocking this order is crucial for protecting freedom of speech and continuing important work to ensure the integrity of the 2020 election," said CDT President and CEO Alexandra Givens.

The executive order is designed to deter social media services from fighting misinformation, voter suppression, and the stoking of violence on their platforms, the digital rights group said.

"Access to accurate information about the voting process and the security of our elections infrastructure is the lifeblood of our democracy. The President has made clear that his goal is to use threats of retaliation and future regulation to intimidate intermediaries into changing how they moderate content, essentially ensuring that the dangers of voter suppression and disinformation will grow unchecked in an election year," Givens said.

The law firm of Mayer Brown is representing CDT in this action.

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Agencies
February 10,2020

Hubei, Feb 10: The death toll in the deadly coronavirus outbreak in China and other parts of the world has reached 904, CNN reported citing Chinese authorities on Monday.

The number of infected people globally has now hit the 40,000 mark.

According to the country's health officials, the number of people, who died from coronavirus in the Hubei Province, has risen to 871.

"As of 24:00 on February 9, Hubei Province reported a total of 29,631 cases of new coronavirus pneumonia, including 16,902 cases in Wuhan. 22,160 patients are still being treated in hospitals. 73,127 people remain under medical observation," read the statement from the Chinese Regional Health Committee.

The novel coronavirus was first detected in China's Wuhan city in late December and has since spread to more than 25 countries.

On Sunday, the new coronavirus even surpassed the fatalities caused by the SARS epidemic in 2003.

The World Health Organisation (WHO) has declared a global health emergency in the wake of the outbreak.

Meanwhile, WHO's international expert mission led by Dr Bruce Aylward embarked for China.

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Agencies
June 9,2020

Wuhan, Jun 9: China on Tuesday dismissed as "incredibly ridiculous" a Harvard study, which pointed to a surge in traffic outside Wuhan hospitals from August 2019 suggesting that the coronavirus hit the area far earlier than reported.

A whitepaper on coronavirus released by China on Sunday said the virus was first noticed on December 17 and Chinese virologists confirmed human-to-human transmission on January 19, prompting authorities to impose lockdown of Wuhan from January 23.

US President Donald Trump and leaders of several countries have accused China of not being transparent in reporting the deadly disease, leading to huge human casualties and economic crisis across the world.

The new study by Harvard researchers says satellite images show an increase in traffic outside five hospitals in Wuhan from late August to December.

The traffic spike coincided with a rise in online searches for information on symptoms like "cough" and "diarrhoea".

China said the study was "ridiculous" and based on "superficial" information, BBC reported.

It is believed that the virus first appeared in China some time in November. Authorities reported a cluster of pneumonia cases with an unknown cause to the World Health Organization (WHO) on December 31.

"Clearly, there was some level of social disruption taking place well before what was previously identified as the start of the novel coronavirus pandemic," Dr John Brownstein, who led the research, told ABC news.

The study has not been peer-reviewed.

The researchers examined commercial satellite data from outside five Wuhan hospitals, comparing data from late summer and autumn 2018 to the same time period in 2019.

In one case, researchers counted 171 cars parked at one of Wuhan''s largest hospitals, Tianyou Hospital, in October 2018.

Satellite data from the same time in 2019 showed 285 vehicles in the same place, an increase of 67 per cent.

A surge in online searches for words associated with the symptoms of coronavirus on the Chinese search engine Baidu seemed to emerge at the same time.

"This is all about a growing body of information pointing to something taking place in Wuhan at the time," Dr Brownstein said.

"Many studies are still needed to fully uncover what took place and for people to really learn about how these disease outbreaks unfold and emerge in populations. So this is just another point of evidence," he said.

Asked for her reaction at the media briefing, Chinese Foreign Ministry spokeswoman Hua Chunying dismissed the findings as "incredibly ridiculous".

"I think it is ridiculous, incredibly ridiculous, to come up with this conclusion based on superficial observations such as traffic volume," she said.

"(I have) Not seen the research you mentioned. If the conclusion is drawn based on traffic volumes (and) other superficial observations, it won’t be a sound conclusion," she said and referred to the allegations about the COVID-19 originating from the Wuhan Institute of Virology (WIV) by Trump.

"That allegation was proved to be wrong," she said.

When pointed out that China says it respects science based inquiry and Harvard is one of the top universities in the world, Hua said, "on the origin of virus there are lot of conspiracy theories against China”.

"That is very unfair. At the moment, the pressing task is to enhance coordination to contain the spread of the virus. Someday, I am sure the truth will be out. China deserves a fair and objective evaluation," she said and referred to the whitepaper released by the Chinese government detailing evolution of coronavirus in Wuhan and how Beijing handled the situation.

Recently, the World Health Assembly (WHA), the decision-making body of Geneva-based World Health Organization (WHO), passed a resolution to probe the origin of the virus. China also backed the resolution.

As of Monday, the overall confirmed cases on the mainland had reached 83,043, including 58 patients who were still being treated, with no one in severe condition, China’s National Health Commission, (NHC) said.

Altogether 78,351 people had been discharged after recovery and 4,634 people had died of the disease, it said.

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