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
April 5,2020

New York, Apr 5: New York State, the epicentre of the coronavirus pandemic in the US, continued to record the highest count of daily deaths from COVID-19 as a staggering number of 630 people died in a 24-hour period and Governor Andrew Cuomo said the outbreak in the state could peak in about seven days.

The state had recorded the highest single increase in the number of deaths from novel coronavirus in a single day between April 2 and 3 when 562 people had died, one person dying from the viral infection almost every two-and-a-half minutes.

In the 24 hours since April 4, the death toll grew to 630, "all-time increase" up to a total of 3,565, up from 2,935 on Friday morning, Cuomo said.

The daily death toll in New York continues to grow at record numbers as the state remains the most impacted in the US from coronavirus.

Coronavirus cases in New York State now stand at 113,704, out of the country's total number of 312,146. New Jersey, the second most impacted state in the US, has about 30,000 COVID-19 cases.

New York City alone has 63,306 coronavirus patients, up from 57,169 the previous 24 hours, and 2,624 deaths.

Cuomo said the apex in the state, the point where the number of infections on a daily basis hits the high point, is still about 4-8 days away.

"We have been talking about hitting that apex, the high point of the curve. I call it the battle of the mountaintop. That's going to be the number one point of engagement of the enemy," he said.

"But our reading of the projections is we're somewhere in the seven-day range, four, five, six seven, eight day range. Nobody can give you a specific number, which makes it very frustrating to plan when they can't give you a specific number or a specific date, but we're in that range," Cuomo said.

"We are not yet at the apex. Part of me would like to be at the apex and just let's do it. But there's part of me that says it's good that we're not at the apex because we're not yet ready for the apex either, still working on the capacity of the (healthcare) system," the governor said.

Cuomo has expressed anger over the short supply of essential medical equipment for healthcare professionals to help them deal with the surge in coronavirus cases across the state and the country.

He said personal protective equipment (PPE) such as masks, gowns and face shields are in short supply in New York as they are across the country and there is need for companies to make these materials.

"It is unbelievable to me that in the New York State, in the United States of America, we can't make these materials and that we are all shopping China to try to get these materials and we're all competing against each other," he had said earlier.

Cuomo said on Saturday that the state has 85,000 volunteers, including 22,000 from outside the state, and he will also be signing an executive order to allow medical students who were slated to graduate to begin practising, supplementing the state's healthcare professional capacity.

On ventilators, he said the state had ordered 17,000 but there was not enough supply in the federal stockpile to meet this growing demand across the state.    

"China is remarkably the repository for all of these orders - ventilators, PPE, it all goes back to China, which long term we have to figure out why we wound up in this situation where we don't have the manufacturing capacity in this country," he said, adding, "New York has been shopping in China."

The Chinese government helped facilitate a donation of 1,000 ventilators that will arrive at the JFK Airport in the city, he said, as he thanked the Chinese government, Alibaba head Jack Ma, the Jack Ma Foundation, Alibaba co-founder co-founder Joe Tsai and China's Consul General Huang Ping.
In addition, the state of Oregon would deliver 140 ventilators to New York.    

Cuomo has signed an executive order allowing the state to redistribute ventilators and personal protective equipment from hospitals, private sector companies and institutions that don't currently need them and redeploy the equipment to other hospitals with the highest need.
Those institutions will either get their ventilator back or they will be reimbursed and paid for their ventilator so they can buy a new ventilator.
The 2,500-bed facility at the Javits Convention Centre, which was supposed to be used for non-COVID patients, will now be used as COVID-positive facility.

"The federal government will staff that and the federal government with equip that. That is a big deal because that 2,500-bed facility will relieve a lot of pressure on the downstate system as a significant number of beds and that facility has to make that transition quickly and that's what we're focused on," Cuomo said.

Cuomo emphasised that he wants the pandemic to end as soon as possible as it is taking an unprecedented strain on life.

"I want this to be all over. It's only gone on for 30 days since our first case. It feels like an entire lifetime. I think we all feel the same. This stresses this country, this state, in a way that nothing else has frankly, in my lifetime. It stresses us on every level.

The economy is stressed, the social fabric is stressed, the social systems are stressed, transportation is stressed," he said.

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Agencies
March 6,2020

Up to 2,241 new cases of COVID-19 have been reported across the globe as of Thursday, bringing the total count to 95,333, according to the latest official data by the World Health Organization (WHO).

Five countries, territories and areas reported COVID-19 cases for the first time in the past 24 hours, the Xinhua news agency reported.

WHO Director-General Tedros Adhanom Ghebreyesus emphasised the importance of implementing a comprehensive approach to mitigate the impact of the virus in a briefing on Wednesday.

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News Network
June 26,2020

New Delhi, Jun 26: "Iam Indira Gandhi's granddaughter, not an undeclared BJP spokesperson like some of the opposition leaders," Congress general secretary Priyanka Gandhi Vadra on Friday said, as she alleged that the Uttar Pradesh government is threatening her through various departments for speaking the truth. Priyanka Gandhi's dare to the Uttar Pradesh government came days after the Agra administration asked her to withdraw within 24 hours the claim of high coronavirus deaths in the district.

The Congress general secretary in-charge UP East has accused the Yogi Adityanath government of indulging in propaganda instead of dealing with the pandemic. "As a public servant, my duty is towards the people of Uttar Pradesh. And this duty is to put out the truth before them and not to put forth government propaganda. The UP government is wasting its time by threatening me through its various departments," Priyanka Gandhi said in a tweet in Hindi.

"They can take whatever action they want, I will keep putting forth the truth. I am Indira Gandhi's granddaughter not an undeclared BJP spokesperson like some of the opposition leaders," she said. This week, Priyanka Gandhi repeatedly attacked the Uttar Pradesh government over the "high" COVID-19 mortality rate in Agra and on other issues related to the state government's handling of the pandemic.

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