Owaisi hits back at Mamata for indirectly calling him 'minority extremist'

London, Apr 20 : Embattled liquor baron Vijay Mallya, who is wanted in India on alleged fraud and money laundering charges amounting to an estimated ₹9,000 crore, today lost a High Court appeal in UK against his extradition order to India.

A consortium of Indian public sector banks led by the State Bank of India had sought a bankruptcy order against Mallya as part of efforts to recoup around GBP 1.145 billion of unpaid loans from Mallya.

The 64-year-old former Kingfisher Airlines boss had appealed to the High Court against his extradition to India at a hearing in February this year.

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench at the Royal Courts of Justice in London presiding over the appeal, dismissed the appeal in a judgment handed down remotely due to the current coronavirus lockdown.

"We consider that while the scope of the prima facie case found by the SDJ [Senior District Judge] is in some respects wider than that alleged by the Respondent in India [Central Bureau of Investigation (CBI) and Enforcement Directorate (ED)], there is a prima facie case which, in seven important respects, coincides with the allegations in India," the judges ruled.

Earlier this month, the High Court in London had deferred hearings on a plea by the SBI-led consortium of Indian banks, seeking the indebted tycoon to be declared bankrupt to enable them recover their loan from him.

Justice Michael Briggs of the insolvency division of the High Court granted relief to Mallya, ruling that he should be given time till his petitions to the Supreme Court of India and his settlement proposal before the Karnataka High Court be determined, allowing him time to repay his debts to the banks in full.

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

New Delhi, April 5: The number of coronavirus cases in India has surged past 3500 with 505 new cases in the last 24 hours from across the country.

According to the Union Ministry of Health and Family Welfare, the total number of COVID-19 positive cases in the country has gone up to 3,577 as on Sunday. So far, 83 people have died of the coronavirus.

Among States, the tally in Maharashtra stood at 690. According to Maharashtra Health Minister Rajesh Tope, till now Mumbai has reported 29 positive cases, Pune 17, PCMC 4, Ahmednagar 3, Aurangabad 2 among others.

Here are the top developments of the day related to the pandemic.

1) Four new COVID-19 positive cases reported in Uttarakhand today, taking the total number of positive cases in the State to 26. Four persons have been treated and discharged till date, according to the Directorate of Health Services, Uttarakhand.

2) Prime Minister Narendra Modi today called up two former Presidents -- Pranab Mukherjee and Pratibha Patil and had a discussion on COVID-19 related issues. He also called up two former Prime Ministers -- Manmohan Singh and HD Deve Gowda -- to discuss COVID-19 situation.

3) The Prime Minister also called up leaders of various political parties like Sonia Gandhi, Mulayam Singh Yadav, Akhilesh Yadav, Mamata Banerjee, Naveen Patnaik, K Chandrashekar Rao, MK Stalin, Parkash Singh Badal and Mayawati.

4) Total coronavirus positive cases rose to 68 in Punjab after three more cases were reported today --- one each in Ludhiana, SAS Nagar and Barnala. The person found positive in Ludhiana had attended the Tablighi Jamaat event in Delhi.

5) No evidence of COVID-19 being airborne yet, according to the Indian Council of Medical Research (ICMR).

7) With 14 new cases in Kashmir division, the total number of positive cases in Jammu and Kashmir now at 106. Active cases in Kashmir -- 82 and Jammu -- 18, said Rohit Kansal, Principal Secretary, Planning, UT of Jammu and Kashmir.

8) "There is an insufficiency of Personal Protective Equipment (PPE) kits and N95 masks. We are in touch with the Centre and other agencies for supply. Receiving 15,000 PPE kits today. Requested Centre for 5 lakh PPE kits received 4,000 only," said Bihar's Principal Secretary, Health, Sanjay Kumar.

9) The total number of positive cases in Indore, Madhya Pradesh, till now is 122 after 9 more positive cases were found today, according to Indore Chief Medical and Health Officer Dr Praveen Jadia.

10) Union Health Minister Dr Harsh Vardhan visits AIIMS dedicated centre for COVID19 in Jhajjar, Haryana. He said: "All 162 patients admitted here are in stable condition."

11) 86 COVID-19 positive cases reported in Tamil Nadu today out of which 85 had attended the Tableeghi Jamaat event at Markaz Nizamuddin, Delhi, according to Beela Rajesh Tamil Nadu Health Secretary. There are 571 COVID positive cases in Tamil Nadu out of which 522 cases are from the people who had attended the religious function in Delhi, she said.

12) The Congress party on Sunday posed nine questions to the Centre, demanding compensation to the family of those, who died after battling with the coronavirus.

13) 47 new coronavirus positive cases reported in Rajasthan today, taking the total number of positive cases in the state to 253.

14) 8 new COVID-19 cases reported in Kerala, which include 6 imports and 2 contact cases, said Chief Minister Pinarayi Vijayan.

15) "PPE kits are imported. So there was a shortage initially in the country but the government started taking action in this regard from January. Domestic manufacturers have started production. We have also started procuring PPE kits from other countries," said Lav Aggarwal, Joint Secy, Health Ministry.