Pakistan rejects U.S. report on religious freedom

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, Feb 10: Former Jammu and Kashmir chief minister Omar Abdullah's sister on Monday moved the Supreme Court to challenge his detention under the Public Safety Act.

Senior advocate Kapil Sibal, appearing for the petitioner, mentioned the matter for urgent listing before a bench headed by Justice N V Ramana.

Sibal told the bench that they have filed a habeas corpus petition challenging the detention of Abdullah under the PSA and the matter should be heard this week.

The bench agreed for urgent listing of the matter.

The US Commission on International Religious Freedom (USCIRF) has reprimanded the Imran Khan government for denying food aid to Hindus and Christians in Pakistan amid the coronavirus pandemic and warned that it will trigger an additional crisis due to religious discrimination.

The USCIRF is an independent federal government entity set up by the US Congress to monitor and report on religious freedom in the world.

Pakistan continues to be in the tier one of the USCIRF list of the countries whose record on religious freedom remains abysmal.

In a statement issue on Monday, the USCIRF said it was troubled by the reports of food aid being denied to Hindus and Christians in Pakistan amid pandemic.

Citing one of the examples of religious discrimination, the USCIRF said that in Karachi, the Saylani Welfare International Trust, a non-government organization set up to help the homeless and seasonal workers, has been refusing food aid to Hindus and Christians and providing it only Muslims.

Describing such actions "reprehensible", the USCIRF commissioner Anurima Bhargava said: "As COVID-19 continues to spread, vulnerable communities within Pakistan are fighting hunger and to keep their families safe and healthy. Food aid must not be denied because of one's faith."
One of the USCIRF commissioners, Johnnie Moore warned that if the Khan government continued with such policies, Pakistan would add an additional crisis.

"In a recent address by Prime Minister Khan to the international community, he highlighted that the challenge facing governments in the developing world is to save people from dying of hunger while also trying to halt the spread of COVID-19. This is a monumental task laying before many countries.

"Prime Minister Khan's government has the opportunity to lead the way but they must not leave religious minorities behind. Otherwise, they may add on top of it all one more crisis, created by religious discrimination and inter-communal strife."

The organization which makes foreign policy recommendations to the US President, the Secretary of State, and Congress, urged the Pakistani government to ensure that food aid from distributing organizations is shared equally with Hindus, Christians, and other religions minorities.

Last year, in its annual report, the USCIRF had noted that Hindus and Christians in Pakistan "face continued threats to their security and are subjected to various forms of harassment and social exclusion".