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
February 12,2020

London, Feb 12: Fugitive liquor baron Vijay Mallya returned to the courtroom here on Wednesday, the second day of hearing at the UK High Court, where the former billionaire has appealed against the extradition decision of Westminster Magistrates Court in December 2018.

On being asked about his expectations from the lengthy appeals process against the extradition order as today is the last day for Mallya to present his defence, the embattled former Kingfisher Airlines boss replied, "I have no clue. You see. I'll also see it. Let's not get into a speculative game."

When asked on what would happen if Mallya loses the case and has to return to India, the liquor baron responded: "We do have arguments."

The UK High Court, on Tuesday, had also heard Mallya's appeal against the Westminster Magistrates' Court order extraditing him to India to face alleged fraud and money laundering charges amounting to Rs 9,000 crore.

Mallya was present in the court along with his counsel Clare Montgomery during the hearing. Officials from Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) along with counsel Mark Summers representing the Indian government were also present.

When the judge asked if there was a timeline in the case, Clare said," This is a very dense case," involving multiple individuals and organisations and that not everything had been taken into account by the magistrate Emma Arbuthnot in her ruling against Mallya.

Montgomery contended that the magistrate's ruling had been riddled with "multiple errors". She also brought into question the admissibility of documents submitted by the Indian government - including witness statements and emails that proved crucial in the ruling by judge Arbuthnot, who found "clear evidence of misapplication of loan funds" and that there was a prima facie case of fraud against Mallya.

As she had done throughout the trial, Montgomery continued to assert that Mallya had not acted in a fraudulent manner or run a pyramid and that the collapse of Kingfisher Airlines was, in fact, the failure of a business in difficult economic circumstances.

She also reiterated concerns about the conduct of the Central Bureau of Investigation (CBI) in bringing charges against Mallya, claiming that the tycoon had been made a scapegoat.

Montgomery also stated that the Indian government had presented the loan taken out by Kingfisher Airlines, not as a simple business loan but was part of a larger and elaborate attempt at defrauding the banks by Mallya and Kingfisher Airlines management.

This, Montgomery contended, was but one example of a wider misinterpretation of the case by judge Arbuthnot.

The High Court justices reprimanded Montgomery for concentrating on the evidence - in essence rehashing the case presented at the lower court - rather than the apparent "mistakes" made by judge Arbuthnot in her ruling.

Mallya remains on bail of £650,000 as he has done throughout this legal process.

The Crown Prosecution Service which is representing the Government of India will present its case for the extradition of Mallya on Wednesday.

The 63-year-old businessman fled India in March 2016 and has been living in the UK since then.

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Agencies
March 26,2020

Washington, Mar 26: Indian-American hoteliers have come forward to rescue the stranded Indian students in the US following implementation of lockdown measures in the country in response to the rapidly-spreading coronavirus pandemic, offering them free accommodation and free meals.

With the students scrambling for a roof over their heads after being asked to vacate their hostels and India banning international flights for a week from March 22 due to the coronavirus pandemic, more than 6,000 rooms in nearly 700 hotels were offered to them by Wednesday following a call from the Indian Embassy.

The Indian Embassy have been running a round-the-clock helpline since last week for the students in the US, who number over 2,50,000.

Most of these hotels offered are in and around universities and colleges, but the hotel owners from across the country have come up in large numbers to the call given by community leaders, who have roped in Asian American Hotel Owners Association (AAHOA) for the purpose.

India's Ambassador to the US Taranjit Singh Sandhu said in a tweet, "It is heartening to see that Indian; Indian-American and other hotel owners are coming forward to help people with accommodation in these testing times. Together we can overcome the fight against COVID19!"

"The Indian community has come together to help the student and many hotel owners have offered their rooms free of cost to them. Many of them are also offering free meals to these students," Chicago-based community leader Nirav Patel told PTI.

Indian-American hotelier couple K K Mehta and Chandra Mehta have offered more than 100 rooms to Indian students at their two prime properties each near the Times Square and Barclays Center in New York City, said Jaipur Foot USA chairman Prem Bhandari on behalf of the hotels.

The Indian Consulate in New York had contacted them about this 10 days ago, he said.

"These students are the future of both India and the United States. All the top Indian-American CEOs, scientists and doctors came to this country as a student. It's our moral duty to help them with our resources," Bhandari said.

Regional director of AAHOA Upper Midwest Kalpesh Joshi said they had created a master list of the availability hotel rooms, which was being constantly updated.

Free accommodation would be allocated in coordination with the Indian Embassy and its consulates, he said.

"The Indian Embassy and its consulates are working tirelessly to get these students rooms," he added.

Joshi has also sent out a video message to his hotelier colleagues: "Because of the coronavirus outbreak, our Indian students in the US are out of shelter. Let's work together. As a hotelier, I would like to request all my hotelier friends to come forward... let's provide some rooms to the students."

Boston-based Computer Society of India (North America) has collaborated with AAHOA to help students and Indian IT professionals searching for emergency accommodation due to the COVID-19 lockdown.

Anyone who is having financial hardship will be given hotel accommodation either free of cost or the rates will not be more than USD 50, said the Computer Society of India (North America).

Minesh Patel, the chairman of Virginia Asian American Store Association, said between Richmond, Norfolk, and Virginia Beach, Indian-American hotel owners can help in arranging accommodation for over 500 Indian students.

Florida-based Vipul Patel, the national president of Asian American Store Owners Association, said support for the Indian students have been pouring in from the Indian-American hoteliers.

"I have not come across any hotel owner who said no to us," Patel said.

Rooms would be allocated to students on the recommendation of the Indian Embassy and its consulates in Houston, Chicago, Atlanta, San Francisco and New York.

The Indian Consulate in New York was the first to take a lead in this regard. It has worked with Hammock Worldwide Hotels and Resorts to provide temporary accommodation for the students at a flat rate of USD 50 per night.

Joshi said that initially there was a suggestion to charge a convenience fee of USD 20-25 per day from the students.

"But when a few of them offered free rooms and free meals, everyone agreed to it," he said.

According to Johns Hopkins University coronavirus tracker, the number of deaths caused by the novel coronavirus in the US rose to 1,031 with 68,572 confirmed cases. The US has the third highest number of confirmed cases behind China and Italy.

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Agencies
August 7,2020

Washington, Aug 7: US President Donald Trump on Thursday (local time) signed executive orders halting all transactions with Chinese applications TikTok and WeChat within 45 days, citing national security concerns, further escalating the tensions between Beijing and Washington.

"WeChat, a messaging, social media, and electronic payment application owned by the Chinese company Tencent Holdings Ltd., reportedly has over one billion users worldwide, including users in the United States. Like TikTok, WeChat automatically captures vast swaths of information from its users. 

This data collection threatens to allow the Chinese Communist Party (CCP) access to Americans' personal and proprietary information," Trump said in a statement.

Citing reasons for the ban on WeChat, the US President said that the application captures the personal and proprietary information of Chinese nationals visiting the US, thereby providing the CCP a mechanism to keep tabs on the Chinese citizens who may be "enjoying the benefits of a free society for the first time in their lives".

"In March 2019, a researcher reportedly discovered a Chinese database containing billions of WeChat messages sent from users in not only China but also the United States, Taiwan, South Korea and Australia. WeChat, like TikTok, also reportedly censors content that the CCP deems politically sensitive and may also be used for disinformation campaigns that benefit the CCP. 

These risks have led other countries, including Australia and India, to begin restricting or banning the use of WeChat. The US must take aggressive action against the owner of WeChat to protect our national security," he added.

Earlier, Trump had issued an order banning TikTok as it "reportedly censors content that the CCP deems politically sensitive, such as content concerning protests in Hong Kong and China's treatment of Uighurs and other Muslim minorities. 

TikTok may also be used for disinformation campaigns that benefit the CCP."
US politicians have repeatedly criticised TikTok, owned by Beijing-based startup ByteDance, of being a threat to national security because of its ties to China.

The development comes as China and the US are at loggerheads on a variety of issues including Hong Kong national security law, the South China Sea, the novel coronavirus and trade.

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