Vijay Mallya back in UK court for extradition hearing

Agencies
April 27, 2018

London, Apr 27: Embattled liquor tycoon Vijay Mallya was back in a UK court today for a hearing in his ongoing extradition trial.

The 62-year-old, who is wanted in India to face charges of fraud and money laundering amounting to around Rs 9,000 crore, is currently on a 650,000 pounds bail since his arrest on an extradition warrant by Scotland Yard in April last year.

Chief Magistrate Emma Arbuthnot of the Westminster Magistrates' Court here is set to consider some additional material sought from the Crown Prosecution Service (CPS), arguing on behalf of the Indian government, hear closing arguments, and set a timeline for a verdict in the case – which is expected by next month.

At the last hearing in the case on March 16, the judge had noted that it was "blindingly obvious" that rules were being broken by Indian banks which sanctioned some of the loans to the erstwhile Kingfisher Airlines owned by Mallya.

"There are clear signs that the banks seem to have gone against their own guidelines (in sanctioning some of the loans)," she said, "inviting" the Indian authorities to explain the case against some of the bank officials involved because that relates to the "conspiracy" allegations against Mallya.

At the end of that hearing, the judge had indicated her decision on the admissibility of evidence would go in favour of admitting some material and excluding some affidavits, which she said did not pertain to the prima facie case of fraud.

Mallya's counsel, Clare Montgomery, had also argued that evidence which was claimed as a "blueprint of dishonesty" by the CPS was in fact a privileged interaction between Mallya and his lawyer about "legal advice in clear contemplation of litigation" and hence should be inadmissible.

The judge said she was still "on the fence" about admitting that correspondence.

Today's hearing comes days after the Indian government's High Court appeal against a previous Westminster Magistrates' Court extradition ruling that had been denied.

UK-based Sanjeev Kumar Chawla, wanted in India as a key accused in the cricket match-fixing scandal involving former South African captain Hanse Cronje in 2000, had been discharged in October last year on human rights grounds over severe conditions in Delhi's Tihar Jail, where the accused was to be held on being extradited.

District Judge Rebecca Crane had based her verdict to discharge Chawla largely upon the testimony of Dr Alan Mitchell, former head of healthcare at the Scottish Prison Service and an elected member of the European Council's Committee for the Prevention of Torture (CPT).

Mallya's defence team has previously deposed the same prisons expert in his extradition case, who told Judge Arbuthnot during the course of the trial that conditions in all Indian jails are "far from satisfactory".

During the last hearing in the case in March, CPS barrister Mark Summers reiterated that the Indian government had provided further clarifications related to availability of natural light and medical assistance at Barrack 12 of Mumbai Central Prison on Arthur Road, where Mallya is to be held if he is extradited from the UK.

The trial, which opened at the London court on December 4 last year, is aimed at laying out a prima facie case of fraud against Mallya, who has been based in the UK since he left India in March 2016.

It also seeks to prove there are no "bars to extradition" and that the tycoon is assured a fair trial in India over his now-defunct Kingfisher Airlines' alleged default of over Rs 9,000 crore in loans from a consortium of Indian banks.

The CPS, representing the Indian government, has argued that the evidence they have presented establishes "dishonesty" on the part of the businessman and that there are no bars to him being extradited from the UK to face Indian courts.

Mallya's defence team has deposed a series of expert witnesses to claim he had no "fraudulent" intentions and that he is unlikely to get a fair trial in India.

If the judge rules in favour of the Indian government, the UK home secretary will have two months to sign Mallya's extradition order.

However, both sides will have the chance to appeal in higher courts in the UK against the Magistrates' Court verdict.

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News Network
March 6,2020

New Delhi, Mar 6: Justice S Muralidhar Thursday cleared the air over the controversy on his transfer from the Delhi High Court to Punjab and Haryana High Court, saying he had replied to Chief Justice of India S A Bobde's communication that he was fine with the proposal and had no objection to it.

The controversy erupted after the Centre issued Justice Muralidhar's transfer notification close to mid night of February 26 -- the day a bench headed by him had pulled up Delhi Police for failing to register FIRs against three BJP leaders for their alleged hate speeches which purportedly led to the recent violence in northeast Delhi.

Justice Muralidhar (58), who received a grand farewell on Thursday from a huge gathering including judges and lawyers amid big rounds of applause, said he wanted to clear the confusion on his transfer and narrated the sequence of events from the time he received CJI's communication till February 26.

The Supreme Court collegium, headed by the CJI, had in a meeting on February 12 recommended the transfer of Justice Muralidhar to Punjab and Haryana High Court.

Justice Muralidhar was number three in the Delhi High Court, his parent high court as a judge.

Explaining the transfer process, he said the 5-member collegium sends to the Centre a recommendation that a judge of a high court should be transferred to another high court. The judge concerned is not at this stage under orders of transfers. That happens only when the collegium's recommendation fructifies into a notification.

“In my case, the collegium's decision was communicated to me by the CJI on February 17 by a letter which sought my response. I acknowledged receipt of the letter, I was then asked to clarify what I meant. As I saw it, if I was to be transferred from the Delhi High Court any way, I was fine with moving to the Punjab and Haryana High Court.

“I therefore clarified to the CJI that I did not object to the proposal. An explanation for my transfer reached the press...on February 20 quoting 'sources in the Supreme Court collegium', confirming what has been indicated to me a couple of days earlier,” he said.

The CJI's letter dated February 14 was delivered to Justice Muralidhar on February 17, the day when the family's pet labrador Sakhi breathed her last.

He said February 26 was perhaps the longest working day of his life as a judge of the Delhi High Court, where he has spent 14 years on the bench.

He said it began at 12:30 am with a sitting at his residence with Justice A J Bhambhani, under the orders of Justice G S Sistani, to deal with a PIL filed by Rahul Roy seeking safe passage of ambulances carrying the injured riot victims.

“When I received a call at my residence from the lawyer for the petitioner, I first called Justice Sistani to ask what should be done, knowing that the Chief Justice (CJ) was on leave. Justice Sistani explained that he too was officially on leave the whole of February 26 and that I should take up the matter.

“This fact is stated in the order passed by the bench after the hearing. Later that day, upon urgent mentioning, as the de facto CJ's bench, Justice Talwant Singh and I took up another fresh PIL on the CJ's board seeking registration of FIRs for hate speeches. After the orders passed on that day, the above two PILs remained on the CJ's Board,” he said.

Justice Muralidhar ended the speech saying the notification which was issued close to midnight of February 26 did two things.

“First, it transferred me to Punjab and Haryana High Court. Second, it appointed me to a position from where I can never be transferred, or removed and in which I shall always be proud to remain. A 'former judge' of arguably the best high court in the country. The High Court of Delhi,” he said, following a standing ovation by all the judges and the gathering, including his family members, former judges, lawyers, court staff and media persons.

Earlier in the day, a farewell programme was also organised by the Delhi High Court Bar Association.

While addressing the gathering at the bar's function, Justice Muralidhar concluded his address saying “When justice has to triumph, it will triumph ... Be with the truth - Justice will be done.”

Justice Muralidhar's mother, wife Usha Ramanathan, former Delhi High Court chief justice A P Shah, senior advocate Shanti Bhushan and former Delhi University VC Upendra Baxi were also present at the later function that was organised by the court.

Bidding adieu to Justice Muralidhar, Delhi HC CJ D N Patel said it was an occasion which has come with a saddening effect and his absence will be felt institutionally as well as personally.

Delhi government standing counsel (criminal) Rahul Mehra termed Justice Muralidhar as a “highly intellectual, courageous, upright and incorruptible judge” and sang bengali song 'ekla chalo re' to describe him.

Mehra said he joins Delhi High Court Bar Association in “strongly condemning” Justice Muralidhar's transfer.

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News Network
February 9,2020

New Delhi, Feb 8: Arvind Kejriwal is set to return as Delhi chief minister and his Aam Aadmi Party (AAP) will virtually sweep the assembly elections, exit polls predicted Saturday.

As polling came to a close at 6 pm, with the Election Commission of India (ECI) projecting a voter turnout at 60.24% (as of 9:50 pm), a poll of polls covering 10 exit polls gave 52 seats to AAP, 17 to the Bharatiya Janata Party and one to the Indian National Congress.

The polls, which are sample surveys conducted among voters exiting polling booths, signalled that the Delhi voter responded to AAP’s campaign that focused on “kaam”, or getting work done.

Kejriwal, a former civil servant and activist who stormed into electoral politics with an anti-corruption campaign in 2013, led a campaign focusing on the development work his government did in Delhi, especially in education and healthcare, as well as sops such as lower electricity bills and free bus rides for women.

The exit polls gave AAP between 47 and 68 seats in the 70-member Assembly.

They predicted an absolute rout for Congress, which ruled Delhi for three terms between 1998 and 2013. The maximum seats to AAP were given by India Today TV-Axis exit poll, which predicted 59-68 seats for the party, while giving 2-11 for the BJP and none to the Congress.

If these figures hold, the results will come as a disappointment for the BJP, which had hoped its sweep in the Lok Sabha elections in 2019 would reflect in the assembly polls.

Delhi’s voter turnout saw a sharp fall over the 2015 elections. According to the Election Commission of India, voter turnout till 9 pm was projected at 60.24% — lower than 67.12% in 2015.

Traditionally, a lower voter turnout is read as a vote for the incumbent.

The voter turnout in Delhi has been similar during the Congress regime under Sheila Dikshit, when she won consecutive terms. In 2003, when Delhi voted a second time for the Dikshit government, the voter turnout was 53.42%, and a comparable 57.58% was the turnout in 2008.

Later, in two consecutive elections — 2013 and 2015 — voters turned out in big numbers to vote Dikshit out of power. In 2013, 65.63% of Delhi turned out and the percentage increased further to 67.12% in 2015.

Across constituencies, Matia Mahal in Central Delhi registered the highest voter turnout of 68.36%, whereas Bawana assembly constituency in North district saw the lowest turnout at 41.95%. Among districts, North East district registered the highest (62.75%) voter turnout, while the lowest turnout was recorded in South East district (54.15%), according to the ECI app.

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News Network
March 30,2020

New Delhi, Mar 30: Prime Minister Narendra Modi on Monday interacted with Indian ambassadors and high commissioners abroad and urged them to remain alert to developments in global efforts against COVID-19 including breakthroughs to help the country's fight against the coronavirus.

External Affairs Minister S Jaishankar and Foreign Secretary Harsh Vardhan Shringla were also present during the interaction through video-conferencing.

"Coming together for India PM interacted with Indian Ambassadors/High Commissioners abroad and urged them to remain alert to developments in global efforts against COVID-19 including breakthroughs to help our national efforts to fight COVID19," External Affairs Ministry spokesperson Raveesh Kumar said in a tweet.

"PM appreciated the efforts of our missions in helping Indians abroad, in particular, students and workers," he added.

The number of positive coronavirus cases in the country stood at 1,071 on Monday. It includes 29 deaths and 99 people, who have been cured of the highly contagious virus.

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