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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 29,2020

Washington, May 29: US President Donald Trump while speaking with reporters at the White House on Thursday said that he is more liked in India than the media in his own country --the United States.

"I know. And they like me in India. I think they like me in India certainly more than the media likes me in this country, " Trump told reporters at his Oval office.

"And I like Modi (Prime Minister Narendra Modi). I like your prime minister a lot. He's a great gentleman. A great gentleman," he added further while briefing the reporters.

But when asked over ties between India and China, the US President said, "They have a big conflict going with India and China. Two countries with 1.4 billion people. Two countries with very powerful militaries. And India is not happy, and probably China is not happy."

Reiterating his offer to mediate between India and China on the border issue, Trump said that he spoke to Prime Minister Narendra Modi, who is not in "good mood" about the ongoing situation with Beijing.

However, informed sources from the Ministry of External Affairs told ANI on Friday that there has been no recent contact between Prime Minister Modi and the US President. The last conversation between them took place on April 4, 2020, on the subject of hydroxychloroquine.

Asked about his Wednesday's tweet regarding his offer to mediate between India and China, Trump said, "I would do that. If they (China and India) thought it would help." However, Trump did not clarify when did he speak to Modi.

Trump on Wednesday tweeted that he is "ready, willing and able to mediate" between India and China."We have informed both India and China that the United States is ready, willing and able to mediate or arbitrate their now raging border dispute," the US President said.

In response to Trump's mediation offer, India said on Thursday that it is engaged with the Chinese side to resolve the border issue peacefully.

India's Ministry of External Affairs spokesperson Anurag Srivastava said that the two sides have established mechanisms both at military and diplomatic levels to resolve situations that may arise in border areas peacefully through dialogue and "continue to remain engaged through these channels."

Indian and Chinese field commanders have been holding talks on de-escalating the tensions.

China has also struck a conciliatory tone on the border issue with India, saying the two countries pose no threat to each other and should resolve their differences through communication, while not allowing them to overshadow bilateral relations.

"We should never let differences overshadow our relations. We should resolve differences through communication. China and India should be good neighbours of harmonious coexistence and good partners to move forward hand in hand," said Chinese Ambassador to India, Sun Weidong, on Wednesday.

The tensions escalated between India and China following a number of confrontations between soldiers of both armies.

Troops of India and China were engaged in two face-offs in Eastern Ladakh and North Sikkim along the disputed Line of Actual Control (LAC), where troops from both sides suffered injuries early this month.

Studies over the anti-malarial drug, which is believed to cure the highly contagious coronavirus, have shown side-effects, according to the Centers for Disease Control and Prevention and the World Health Organisation. But Trump continues to defend his decision to take hydroxychloroquine saying he believes that it gives an additional level of safety.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.