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
May 17,2020

Washington, May 17: The overall number of global coronavirus cases has increased to over 4.6 million, while the death toll has surpassed 311,000, according to the Johns Hopkins University.

As of Sunday morning, the total number of cases stood at 4,634,068, while the death toll increased to 311,781, the University's Center for Systems Science and Engineering (CSSE) revealed in its latest update.

The US currently accounts for the world's highest number of cases and deaths at 1,467,796 and 88,754, respectively.

In terms of cases, Russia has the second highest number of infections at 272,043, followed by the UK (241,461), Brazil (233,142), Spain (230,698), Italy (224,760), France (179,630), Germany (175,752), Turkey (148,067) and Iran (118,392), the CSSE figures showed.

Meanwhile, the UK accounted for the second highest COVID-19 deaths worldwide at 34,546.

The other countries with over 10,000 deaths are Italy (31,763), Spain (27,563), France (27,532), and Brazil (15,662).

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News Network
June 6,2020

United Nations, Jun 6: US President Donald Trump’s response to protests against the killing of African-American George Floyd has included language “directly associated with racial segregationists” from America's past, a group of UN human rights experts have said.

There have been widespread protests across the United States as Floyd, 46, was killed by a white police officer in Minneapolis. People from diverse backgrounds have called for justice and have voiced their support to the protests.

In the wake of protests over the killing of Floyd, Trump had tweeted that “when the looting starts, the shooting starts.”

“The response of the President of the United States to the protests at different junctures has included threatening more state violence using language directly associated with racial segregationists from the nation’s past, who worked hard to deny black people fundamental human rights," a statement issued on Friday by over 60 independent experts of the Special Procedures of the United Nations Human Rights Council said.

"We are deeply concerned that the nation is on the brink of a militarised response that reenacts the injustices that have driven people to the streets to protest,” it said.

A report in The New York Times had said that the phrase "When the looting starts, the shooting starts” was used by Miami’s former police chief Walter Headley in 1967. Headley had been “long accused of using racist tactics in his force’s patrols of black neighbourhoods,” the NYT had said.

They said the recent killing of Floyd has shocked many in the world, “but it is the lived reality of black people across the United States. The uprising nationally is a protest against systemic racism that produces state-sponsored racial violence, and licenses impunity for this violence.”

They noted that following the recent spate of killings of African-Americans, many in the United States and abroad are finally acknowledging that “the problem is not a few bad apples” but instead the problem is the very way that economic, political and social life are structured in a country that prides itself in liberal democracy, and with the largest economy in the world.

Separately, 28 UN experts called on the US Government to take decisive action to address systemic racism and racial bias in the country's criminal justice system by launching independent investigations and ensuring accountability in all cases of excessive use of force by police.

“Exactly 99 years after the massacre in Tulsa, involving the killing of people of African descent and the massive loss of life, destruction of property and loss of wealth on ‘Black Wall Street’, African Americans continue to experience racial terror in state-sponsored and privately organised violence,” the experts said.

Strongly condemning the killings of Ahmaud Arbery, Breonna Taylor and George Floyd, the experts called for systemic reform and justice. “Given the track record of impunity for racial violence of this nature in the United States, Black people have good reason to fear for their lives.”

Taylor, a 25-year-old emergency medical technician was shot in her bed when police raided the wrong house; Arbery, 25, was fatally shot while jogging near his home by three white men who chased and cornered him; and Floyd was accused of using counterfeit currency in a store and died in the street while a white officer knelt on his neck and three others participated and observed.

“The origin story of policing in the United States of America starts with slave patrols and social control, where human property of enslavers was ‘protected’ with violence and impunity against people of African descent. In the US, this legacy of racial terror remains evident in modern-day policing,” the experts said.

The experts also raised concern about the police response to demonstrations in several US cities, termed by some the ‘Fed Up-rising’, that have been marked by violence, arbitrary arrest, militarisation and the detention of thousands of protesters. Reporters of colour have been targeted and detained, and some journalists have faced violence and harassment.

“Statements from the US Government inciting and threatening violence against protesters stand in stark contrast to calls for leniency and understanding which the Government had issued in the wake of largely white protests against COVID-19 restrictions on services like barbershops, salons, and spas,” the experts said.

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Agencies
May 26,2020

Sheikhupura, May 26: Younus, the brother-in-law of Asia Bibi, a Christian woman convicted of blasphemy by a Pakistani court, was killed in Sheikhupura city of Punjab province in Pakistan on Monday.

According to the FIR, Younus had gone to his farms on May 24 and did not return home at night. His body with throat slit was traced in the farm the following morning.

It is believed that, hailing from minority Christian community, Younus was killed in a rivalry.

This is not the first time that somebody associated with Asia Bibi has been murdered in cold blood.

In 2011, Salman Taseer, the influential governor of Punjab was assassinated after he made headlines by appealing for the pardon of Asia Bibi, who had been sentenced to death for allegedly insulting Prophet Muhammad.

A month after Taseer was killed, Religious Minorities Minister Shahbaz Bhatti, a Christian who spoke out against the laws, was shot dead in Islamabad, underlining the threat faced by critics of the law.

Asia Bibi is now living in exile after the Supreme Court of Pakistan acquitted her based on insufficient evidence in October 2018.

Recounting the hellish conditions of eight years spent on death row on blasphemy charges but also the pain of exile, Asia Bibi recently broke her silence to give her first personal insight into an ordeal that caused international outrage.

French journalist Anne-Isabelle Tollet, who has co-written a book about her, was once based in the country where she led a support campaign for her."You already know my story through the media," she said in the book.

"But you are far from understanding my daily life in prison or my new life," she said. "I became a prisoner of fanaticism," she said. In prison, "tears were the only companions in the cell".

She described the horrendous conditions in squalid jails in Pakistan where she was kept chained and jeered at by other detainees.

Pakistan's blasphemy laws carry a potential death sentence for anyone who insults Islam. Critics say they have been used to persecute minority faiths and unfairly target minorities.

Pakistan's Prime Minister Imran Khan defended the country's strict blasphemy laws during his election campaigns. The status quo is still in place.

No government in Pakistan was ready to make changed to the blasphemy law due to fears of a backlash.

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