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 8,2020

China is aggressively pursuing a diverse range of tactics -- from cyber-attacks to recruiting insiders for economic espionage, Indian security agencies have warned. The specific alert circulated among key stakeholders suggests that Chinese operatives are not only planning to steal classified cutting-edge defense technology but also eyeing to recruit best academicians and researchers around the globe, especially from the US.

Sources said they have noticed that China has authorized an "aggressive program of stealing US science and technology information by recruiting Americans in the technology sector with access to trade secrets".

In the technology sector of the US, many Indians scientists are working at the forefront. "This is a serious matter for Indian government and security establishments," said a top source further adding that Chinese always pursue economic espionage because it suits their low cost manufacturing sector on the basis of stolen research and costly design developed by top companies across the globe.

"An alert was also issued in early January about Chinese cyber intrusion attempts at several companies where Indian researchers are working. The espionage attempt was to target UAV technology and certain top-end military equipment designs. After stealing the techniques and design, China starts producing these equipment domestically and sells at a cheaper rate, inflicting irreparable damage to the original equipment manufacturers," the sources in the security establishment observed.

Recently, the US accused China for targeting academia by sending researchers to American labs and using talent recruitment programme to steal scientific analysis. The US has also found that young recruits of the People's Liberation Army posing as students are entering into various universities across the globe to get research papers and recruit academia.

Earlier this year, the US charged a former Boston University student of visa fraud for failing to disclose the status as a lieutenant in the China's People's Liberation Army.

The US intelligence agencies have found that their "universities have become a soft target in the global espionage war with China".

In January this year, the US Department of Justice charged a leading academician at the Harvard University for hiding his alleged role in a Chinese government programme.

In July last year, the Federal Bureau of Investigation (FBI) Director Christopher Wray had revealed that the FBI is probing nearly 1,000 cases of economic espionage and attempted intellectual property theft, nearly all of them leading back to China.

Accordingly, Indian Missions have been informed about the threats being posed by Chinese spies and attempts to recruit Indian scientists and technologists working in the US and other parts of the world.

Sources further stated that security establishments in India have informed the scientist fraternity to be on alert amid threat posed by Chinese spies.

The Chinese had earlier recruited a personnel, Dongfan Chung, working at Boeing for economic espionage. Chung had stolen secret technology to benefit Chinese government and during the raid at his house more than 2.5 lakh classified pages related to Boeing were recovered.

"There has been intense debate on the international platforms regarding Chinese-sponsored theft of intellectual property. American agencies have gone on record to say that China was targeting trade secrets. In the backdrop of pandemic and global health crisis, Indian establishments in defence and technology sectors have been told to be extra cautious as China is planning to become the most advanced economy while the other countries are crippled by the highly contagious virus," the sources further added.

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News Network
March 5,2020

Washington, Feb 5: Experts warned a US government panel last night that India's Muslims face risks of expulsion and persecution under the country’s new Citizenship Amendment Act (CAA) which has triggered major protests.

The hearing held inside Congress was called by the US Commission on International Freedom, which has been denounced by the Indian government as biased.

Ashutosh Varshney, a prominent scholar of sectarian violence in India, told the panel that the law championed by prime minister Narendra Modi's government amounted to a move to narrow the democracy's historically inclusive and secular definition of citizenship.

"The threat is serious, and the implications quite horrendous," said Varshney, a professor at Brown University.

"Something deeply injurious to the Muslim minority can happen once their citizenship rights are taken away," he said.

Varshney warned that the law could ultimately lead to expulsion or detention -- but, even if not, contributes to marginalization.

"It creates an enabling atmosphere for violence once you say that a particular community is not fully Indian or its Indianness in grave doubt," he said.

India's parliament in December passed a law that fast-tracks citizenship for persecuted non-Muslim minorities from neighboring countries.

Responding to criticism at the time from the US commission, which advises but does not set policy, India's External Affairs Ministry said the law does not strip anyone's citizenship and "should be welcomed, not criticized, by those who are genuinely committed to religious freedom."

Fears are particularly acute in Assam, where a citizens' register finalized last year left 1.9 million people, many of them Muslims, facing possible statelessness.

Aman Wadud, a human rights lawyer from Assam who traveled to Washington for the hearing, said that many Indians lacked birth certificates or other documentation to prove citizenship and were only seeking "a dignified life."

The hearing did not exclusively focus on India, with commissioners and witnesses voicing grave concern over Myanmar's refusal to grant citizenship to the Rohingya, the mostly Muslim minority that has faced widespread violence.

Gayle Manchin, the vice chair of the commission, also voiced concern over Bahrain's stripping of citizenship from activists of the Shiite majority as well as a new digital ID system in Kenya that she said risks excluding minorities.

More than 40 people were killed last week in New Delhi in sectarian violence sparked by the citizenship law.

India on Tuesday lodged another protest after the UN human rights chief, Michele Bachelet, sought to join a lawsuit in India that challenges the citizenship law's constitutionality.

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Agencies
August 4,2020

Washington, Aug 4: US President Donald Trump gave popular Chinese-owned video app TikTok six weeks to sell its US operations to an American company, saying Monday it would be "out of business" otherwise, and that the government wanted a financial benefit from the deal.

"It's got to be an American company... it's got to be owned here," Trump said. "We don't want to have any problem with security."

Trump said that Microsoft was in talks to buy TikTok, which has as many as one billion worldwide users who make quirky 60-second videos with its smartphone app.

But US officials say the app constitutes a national security risk because it could share millions of Americans' personal data with Chinese intelligence.

Trump gave the company's Chinese parent ByteDance until mid-September to strike a deal.

"I set a date of around September 15, at which point it's going to be out of business in the United States," he said.

Whatever the price is, he said, "the United States should get a very large percentage of that price because we're making it possible."

Trump compared the demand for a piece of the pie to a landlord demanding under-the-table "key money" from a new tenant, a practice widely illegal including in New York, where the billionaire president built his real estate empire.

"TikTok is a big success, but a big portion of it is in the country," he said. "I think it's very fair."

But Trump also threw a surprise new condition in any deal, saying the sale of TikTok's US business would have to result in a significant payout to the US Treasury for initiating it.

"A very substantial portion of that price is going to have to come into the Treasury of the United States, because we're making it possible for this deal to happen," Trump told reporters.

"They don't have any rights unless we give it to them," he said.

Sell or shut down

The pressure for a sale of TikTok's US and international business, based in Los Angeles, left the company and ByteDance facing tough decisions.

Trump has made TikTok the latest front in the ongoing political and trade battles between Washington and Beijing.

The app has been under formal investigation on US national security grounds because it collects large amounts of personal data on all its users and is legally bound to share that with authorities in Beijing if they demand it.

Both its huge user base and its algorithm for collecting data make it hugely valuable.

But being forced by the US government to sell at least its US business or be shut down -- and to then split the sale price with the US Treasury as Trump is demanding -- was an almost unheard-of tactic.

Shutting down could force users to switch to competitors, and many content creators are already encouraging followers to follow them on other social media platforms.

"The most obvious beneficiaries are Snapchat, Facebook and Twitter, with Snapchat likely being the biggest beneficiary," said investment analysts at Lightshed Partners.

Earlier Monday, ByteDance founder Zhang Yiming acknowledged the hefty pressure and said in a letter to staff, reported by Chinese media, that they were working around-the-clock "for the best outcome."

"We have always been committed to ensuring user data security, as well as the platform neutrality and transparency," Zhang said.

However, he said, the company faces "mounting complexities across the geopolitical landscape and significant external pressure."

He said the company must confront the challenge from the United States, though "without giving up exploring any possibilities."

According to Britain's The Sun newspaper Monday, as a possible consequence of the pressure, ByteDance is planning to relocate TikTok's global operations to Britain.

Pushing back

China's foreign ministry pushed back Monday, calling Washington hypocritical for demanding TikTok be sold.

"The US is using an abused concept of national security and, without providing any evidence, is making presumptions of guilt and issuing threats to relevant companies," said spokesman Wang Wenbin.

"This goes against the principle of market economy and exposes the hypocrisy and typical double standards of the US in upholding so-called fairness and freedom," he added.

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