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
March 31,2020

Washington, Mar 31: The United States has performed over one million coronavirus tests so far, said President Donald Trump on Monday.

"Today, we reached a historic milestone in our war against coronavirus. Over 1 million Americans have now been tested, more than any other country by far, not even close," Trump said during a press briefing.

US Health Secretary Alex Azar said that approximately 100,000 samples are tested for coronavirus daily.

The number of novel coronavirus (COVID-19) cases within the United States surpassed 150,000 and the death toll has reached 2828, according to Johns Hopkins University. 

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News Network
July 23,2020

Minneapolis, Jul 23: The former Minneapolis police officer charged with murder in the death of George Floyd was charged Wednesday with multiple felony counts of tax evasion.

Derek Chauvin and his wife, Kellie May Chauvin, were each charged in Washington County with six counts of filing false or fraudulent tax returns for the tax years 2014 through 2019 and three counts of failing to file tax returns for 2016, 2017 and 2018.

Floyd, a Black man who was handcuffed, died May 25 after Chauvin, who is white, pressed his knee against Floyd's neck for nearly eight minutes as Floyd pleaded for air.

Chauvin is charged with second-degree murder, third-degree murder and manslaughter. He and three other officers who were at the scene were fired.

Chauvin is in custody on the charges in the Floyd case. Kellie Chauvin, who filed for divorce after Floyd's death, is not in custody.

Online court records didn't list attorneys for either in the tax evasion case, and calls to Kellie Chauvin did not go through.

Washington County Attorney Pete Orput said the investigation into the Chauvins was started in June by the Minnesota Department of Revenue and Oakdale Police Department.

Authorities allege in the criminal complaints that the Chauvins failed to file income tax returns and pay state income taxes, and that they underreported and underpaid taxes on income they earned from various jobs each year.

The complaints allege that they also failed to pay proper sales tax on a $100,000 BMW purchased in Minnesota in 2018.

Prosecutors say the Chauvins bought the car in Minnetonka but registered it in Florida, where they paid lower sales taxes.

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News Network
April 14,2020

New Delhi, Apr 14: The World Health Organization on Tuesday lauded "India's tough and timely actions" against the coronavirus spread as Prime Minister Narendra Modi announced the extension of current lockdown till May 3.

"It may be early to talk about results in numbers, but a six-week nationwide lockdown to facilitate effective physical distancing, coupled with the expansion of core public health measures such as detection, isolation and tracing contact of coronavirus positive people, would go a long way in arresting the virus spread," said WHO's South-East Asia Regional Director, Dr Poonam Khetrapal Singh.

"Despite huge and multiple challenges, India has been demonstrating unwavering commitment in its fight against the pandemic," she said.

"In these testing times, the action lies as much with the communities as with the authorities and the health workforce," she added.

"It is indeed time for each and every one to contribute their best and together to beat the virus," Dr Singh said.

Modi on Tuesday said the implementation of the lockdown will be strictly ensured in coming days to ensure that the virus does not spread to new areas

The prime minister said a detailed guideline on the implementation of the new lockdown will be announced on Wednesday.

According the Union Health Ministry figures, a total of 339 people have died of COVIOD-19 till date in the country, while the number of infected cases has soared to 10,363 on Tuesday.

A PTI tally of figures reported by various states as on Monday evening, however, showed at least 346 deaths.

There has been a lag in the Union Health Ministry figures, compared to the number of deaths announced by different states, which officials attribute to procedural delays in assigning the cases to individual states.

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