UK court rules no 'real risk' in Tihar Jail to extradition of alleged bookie Chawla

Agencies
November 17, 2018

London, Nov 17: The UK High Court on Friday quashed a lower court's order against extraditing alleged bookie Sanjeev Kumar Chawla to India and directed the District Judge to re-start extradition proceedings against him after being convinced with the assurances by the Indian government on the safety of prison conditions in New Delhi's Tihar jail.

Chawla, a key accused in the cricket match-fixing scandal involving former South African captain Hansie Cronje in 2000, had won his case against extradition to India last year after the Westminster Magistrates' Court here concluded there was a prima facie case to answer but his human rights could not be guaranteed in Tihar jail, where he was to be held.

The High Court ruled that it is convinced with the assurances provided by the Indian government regarding the safety of prison conditions in New Delhi's Tihar jail as it quashed the lower court's order against extraditing the 50-year-old.

In a judgment handed down in the Royal Courts of Justice here, Lord Justice Leggatt and Justice Dingemans upheld the Indian government's appeal against that order and directed the District Judge to re-start extradition proceedings against Chawla.

The judges noted that a third assurance, provided by the Joint Secretary to the Government of India in June, promises the accused of accommodation in a cell to be occupied exclusively by him, with proper "safety and security" and complying with the "personal space and hygiene requirements" the court expects.

It also makes further guarantees on medical facilities and protection from intra-prisoner violence in the jail.

"In these circumstances, having regard to all of the information available to this Court about Tihar prisons, the terms of the third assurance (which was not before the District Judge) are sufficient to show that there will be no real risk that Mr Chawla will be subjected to impermissible treatment in Tihar prisons," the High Court judgment concludes.

In an earlier ruling in May, the High Court sought these further assurances from India before making a final decision on the government's appeal in the case.

"The effect of the successful appeal is that the order of the District Judge to discharge Mr Chawla has been quashed, with the case being remitted back to the District Judge to proceed as she should have done," noted a statement from the Crown Prosecution Service (CPS), which represented the Indian government in the case.

A date for a fresh hearing in the case will now be set by Westminster Magistrates' Court in coming months.

The CPS had argued that the October 2017 ruling by the magistrates' court reflected a complete disregard of the "solemn diplomatic assurance" by India that Chawla will be treated within internationally-accepted norms for prison conditions.

The defence team, on the other hand, argued that District Judge Rebecca Crane had been right in turning down the extradition request on human rights ground.

"India is a mature and solid democracy, with which we have had a strong extradition relationship," noted CPS barrister Mark Summers, who is the barrister representing the Indian government in another high-profile extradition case that of liquor baron Vijay Mallya.

Mallya, wanted in India on fraud and money laundering charges amounting to nearly Rs 9,000 crore, has denied the allegations and disputed the jail conditions at Arthur Road Jail in Mumbai as part of his defence. A verdict in his case is expected next month at Westminster Magistrates' Court.

In Chawla's case, District Judge Crane's judgment dated October 16, 2017, had accepted a prima facie case against Chawla over his role in the fixing of "cricket matches played between India and South Africa during the tour of the South African Cricket Team to India under the captainship of Hansie Cronje in February-March 2000".

However, on hearing expert evidence from Dr Alan Mitchell, a licensed medical practitioner and a former medical officer with the Scottish prison system, she ruled in favour of Chawla on the grounds that his human rights would be violated in Tihar jail under Section 87, Article 3, relating to "prohibition of torture or inhuman or degrading treatment".

Mallya's defence team has also argued that India's jail cells are "far from satisfactory" and used the same UK prisons expert as Chawla's team, Dr Alan Mitchell, to back up their claims.

According to court documents in the Chawla extradition case, the Delhi-born businessman had moved to the UK on a business visa in 1996, where he has been based while making trips back and forth to India.

After his Indian passport was revoked in 2000, the 50-year-old obtained a UK passport in 2005 and is now a British citizen.

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News Network
January 23,2020

Patna, Jan 23: "They should go wherever they want," Bihar Chief Minister and JDU supremo Nitish Kumar said on Thursday when asked of Prashant Kishor and Pavan Verma's repeated questions about the party's stand's on the newly enacted Citizenship Act.

"It is their personal decision. They should go wherever they want. We don't have an objection. Don't look at JDU in the context of statements by some people. JDU works with determination. We have a clear stand and don't have any confusion," the Chief Minister told reporters here.

"If they have something to tell, they should come and discuss it within the party. They should go wherever they want. They have my good wishes," he said.

JDU spokesperson and national general secretary Pavan Verma has questioned his party's alliance with the BJP in Delhi Assembly polls while Kishor has more than once made his differences with the party known on the issue of the amended Citizenship Act, and National Register of Citizens.

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News Network
January 6,2020

Sydney, Jan 6: Reserve troops fanned out across fire-ravaged regions in three Australian states on Monday after a horror weekend, as the government pledged $1.4 billion over two years to help recover from the devastating months-long crisis.

Catastrophic bushfires have turned swathes of land into smouldering, blackened hellscapes and destroyed an area about the size of the island of Ireland, according to official figures, with authorities warning the disaster still has weeks or months to run.

Prime Minister Scott Morrison, whose government has been criticised for its slow response to the emergency, pledged Australian $2 billion ($1.4 billion) of taxpayer money for a national recovery fund.

"It's a long road ahead and we will be with these communities every step of the way as they rebuild," Morrison said.

Firefighters joined by fresh teams from the US and Canada were taking advantage of rainy and cooler conditions to tackle out-of-control blazes ahead of rising temperatures forecast later this week.

In the biggest-ever call up of reserves, military teams were deployed across eastern Australia to help emergency services assess the damage, restore power and deliver supplies of food, water and fuel to cut-off communities.

For the first time in Australian history the government also deployed its medical assistance team, normally sent to other nations to lend support in the aftermath of their disasters to help evacuees.

"There is no room for complacency, especially as we have over 130 fires burning across (New South Wales) state still," Premier of New South Wales state Gladys Berejiklian said on Monday.

New normal

Almost five million hectares (50,000 square kilometres) have been razed across New South Wales and more than 1.2 million hectares in Victoria since late September, officials said.

That took the total amount of land burnt close to eight million hectares, around the size of the island of Ireland or South Carolina.

Twenty-four people have lost their lives so far, with over 1,800 homes damaged.

Two people are missing in New South Wales, the nation's most populous state.

In Victoria, Premier Daniel Andrews established a bushfire recovery agency to help devastated towns. It will be a permanent body, he said, as intense fires will become commonplace.

"We should just be honest about the fact that we're going to see more and more fires, more and more damage as each fire season comes... this is the new normal," Andrews told reporters.

The chair of the newly established Victoria state's bushfire appeal fund, Pat McNamara, added that this year's summer bushfire season was a "creeping disaster".

"We're still not even into what we would regard as the peak of the fire season," McNamara told national broadcaster ABC.

In the usually picturesque southeastern town of Eden, Holly Spence said she spent more than 12 hours defending her family's farm on Saturday, less than a week after saving it on New Year's Eve.

"We don't want to go through this for a third time," the 28-year-old told AFP.

Fiona Kennelly, 50, who evacuated with 24 members of her extended family to a motel outside Eden, said she was relieved the easing conditions allowed them to get some respite from the crisis.

"It's good to see daylight at the right time again," she told AFP, adding that the skies had been turning pitch-black in the afternoons.

Public anger

The impact of the bushfires has spread beyond affected communities, with heavy smoke engulfing the country's second-largest city Melbourne and the national capital Canberra.

Some government departments were shut in Canberra as the city's air quality was once-again ranked the world's poorest, according to independent online air-quality index monitor Air Visual.

The disaster has sparked growing public anger with Morrison. Rallies are planned on Friday to call on his government to step up efforts to tackle climate change, which experts say have helped fuel the fires.

In Los Angeles, Hollywood superstar Russell Crowe said he was back home fighting the fires and that the disaster was "climate change-based".

"We need to act on science, move our global workforce to renewable energy and respect our planet for the unique and amazing place it is. That way, we all have a future," he said in a message read out by Jennifer Aniston.

Australian actress Cate Blanchett praised the volunteer firefighters battling the blazes, adding: "When one country faces a climate disaster, we all face a climate disaster. We're in it together."

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Agencies
February 6,2020

New Delhi, Feb 6: Unemployment rate in the country as per a new survey was 6.1 per cent in 2017-18, the government informed Rajya Sabha on Wednesday.

Minister of State for Labour Santosh Gangwar said the government is conducting a new Periodic Labour Force Survey (PLFS) with new parameters and bigger sample size, and its results cannot be compared with previous surveys in this regard.

"As per the new Periodic Labour Force Survey being conducted by the government, the labour force participation is 36.9 per cent and the rate of unemployment for 2017-18 is 6.1 per cent," he said.

Replying to supplementaries during the Question Hour, the minister said the report of this survey is very different than the surveys conducted in previous years.

This survey is not comparable to previous surveys, he said, adding it was an attempt to provide authentic data with the new survey conducted through the Ministry of Statistics.

"We are focusing on infrastructure development and ease of doing business and India's position in the world has improved. India has improved its position to 63rd rank now in 2019 against 196 in previous years," he said.

"Our government is very conscious of creating employment opportunities and is running such programme which generates employment.

"The way our government is functioning, employment opportunities are being created and the youths are getting jobs also," the minister said.

Gangwar said the government has stopped the previous survey as the sample size was low and an attempt is being made to improve the data by adding various parameters and provide more authentic data.

The minister said it will take time for collection of data as households have to be visited on the ground for authentic data collection in rural areas also.

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