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
January 8,2020

New Delhi, Jan 8: Iran will welcome any peace initiative by India for de-escalating its tensions with the US after the killing of Iranian military commander Qasem Soleimani, the Iranian envoy here said on Wednesday.

His comments come hours after Iran launched missile strikes against two US military bases in Iraq in retaliation to the killing of its top commander General Qassem Soleimani.

"India usually plays a very good role in (maintaining) peace in the world. At the same time, India belongs to this region. We welcome all initiatives from all countries, especially India as a good friend for us, to not allow escalation (of tensions)," Iranian Ambassador to India Ali Chegeni told reporters after a condolence meeting for Solemani at the country's embassy here.

"We are not for war, we are looking for peace and prosperity for everybody in this region. We welcome any Indian initiative or any project that can help peace and prosperity in this world," he said.

On the Iranian attack on US targets in Iraq, Chegeni said his country retaliated under its right to defend.

Amid spiralling US-Iran tensions over the killing of Soleimani, External Affairs Minister S Jaishankar on Sunday had a conversation with his Iranian counterpart Javad Zarif and US Secretary of State Mike Pompeo, voicing India's concerns over the escalation of tensions.

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News Network
March 29,2020

Washington, Mar 29: The number of known coronavirus US cases soared well past 115,000, with more than 1,900 dead, as President Donald Trump said on Saturday he was considering imposing a quarantine on the hard hit New York region.

American healthcare workers in the trenches of the pandemic are appealing for more protective gear and equipment to treat a surge in patients that is already pushing hospitals to their limits in virus hot spots such as New York City, New Orleans and Detroit.

Trump told reporters he could order a quarantine on three states, New York, New Jersey and Connecticut, which between them have recorded at least 64,000 infections and 895 deaths.

He also appeared to soften his previous comments calling for the US economy to be swiftly reopened. Asked whether he thought the United States would restart by Easter Sunday, April 12, Trump replied, "We'll see, what happens."

New York Governor Andrew Cuomo said he had no details on any possible quarantine order for his state, telling a briefing: "I don't even know what that means. I don't know how that would be legally enforceable, and from a medical point of view I don't know what you would be accomplishing."

He said New York was postponing its presidential primary election to June 23, from April 28.

As the crisis deepened, nurses at Jacobi Medical Center in New York's borough of the Bronx protested outside the hospital on Saturday, saying supervisors asked them to reuse personal protective equipment, including masks. Some held signs with slogans including "Protect our lives so we can save yours."

"The masks are supposed to be one-time use," one nurse said, according to videos posted online. "Now, all of a sudden the CDC (Centers for Disease Control and Prevention) is saying that it's fine for us to reuse them. These choices are being made not based on science. They're being made based on need."

One resident at New York Presbyterian Hospital said they were issued with just one mask.

"This is your mask forever. You can bring it home with you. Here's how you can clean your mask," said the resident, who asked not to be named because he was not authorized to speak to the media. "It's not the people who are making these decisions that go into the patients' rooms."

Doctors are also especially concerned about a shortage of ventilators, machines that help patients breathe and are widely needed for those suffering from COVID-19, the pneumonia-like respiratory ailment caused by the highly contagious novel coronavirus.

Hospitals have also sounded the alarm about scarcities of drugs, oxygen tanks and trained staff.

By Saturday afternoon, the US number of cases stood at 115,842 with at least 1,929 deaths, according to a Reuters tally. The United States has had the most recorded cases of any country since its count of infections eclipsed those of China and Italy on Thursday.

BLACK MARKET
As shortages of key medical supplies abounded, desperate physicians and nurses were forced to take matters into their own hands.

New York-area doctors say they have had to recycle some protective gear, or even resort to bootleg suppliers.

Dr. Alexander Salerno of Salerno Medical Associates in northern New Jersey described going through a "broker" to pay $17,000 for masks and other protective equipment that should have cost about $2,500, and picking them up at an abandoned warehouse.

"You don't get any names. You get just phone numbers to text," Salerno said. "And so you agree to a term. You wire the money to a bank account. They give you a time and an address to come to."

Nurses at Mount Sinai Hospital in New York said they were locking away or hiding N95 respirator masks, surgical masks and other supplies that are prone to pilfering if left unattended.

"Masks disappear," nurse Diana Torres said. "We hide it all in drawers in front of the nurses' station."

One nurse at Westchester Medical Center, in the suburbs of the city, said colleagues have begun absconding with scarce supplies without asking, prompting better-stocked teams to lock masks, gloves and gowns in drawers and closets.

An emergency room doctor in Michigan, an emerging epicenter of the pandemic, said he was wearing one paper face mask for an entire shift due to a shortage and that hospitals in the Detroit area would soon run out of ventilators.

"We have hospital systems here in the Detroit area in Michigan who are getting to the end of their supply of ventilators and have to start telling families that they can't save their loved ones because they don't have enough equipment," the physician, Dr. Rob Davidson, said in a video posted on Twitter.

Sophia Thomas, a nurse practitioner at DePaul Community Health Center in New Orleans, where Mardi Gras celebrations late last month fueled an outbreak in Louisiana's largest city, said the numbers of coronavirus patients "have been staggering."

In the nation's second-largest city, Los Angeles Mayor Eric Garcetti said spiking cases were putting Southern California on track to match New York City's infection figures in the next week.

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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.

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