Vijay Mallya can be regarded as 'fugitive from justice', says UK High Court

Agencies
May 10, 2018

New Delhi/London, May 10: Liquor baron Vijay Mallya, wanted in India to face charges of fraud and money laundering amounting to around Rs 9,000 crore, can be regarded as a "fugitive from justice", the UK High Court has concluded.

Judge Andrew Henshaw, who upheld a worldwide freeze order and ruled in favour of 13 Indian state-owned banks to recover funds amounting to nearly 1.145 billion pounds in a judgment Tuesday, took note of the fact that the 62-year-old businessman is contesting his extradition to India relating to "alleged financial misconduct".

"In all these circumstances, and even taking account of the fact that Dr. Mallya is contesting the alleged grounds for extradition, there are grounds for regarding Dr. Mallya as a fugitive from justice," the judge said as part of his ruling.

The High Court remained unconvinced by Mallya's claim that he has been a non-resident Indian (NRI) since 1988 and has lived in England since 1992, a country where he has indefinite leave to remain (ILR).

"The evidence indicates that prior to March 2016 Dr. Mallya travelled fairly regularly between India and England for business and political reasons. Most of his business interests were in or closely connected with India, most notably United Breweries Group and Kingfisher Airlines Whilst Dr. Mallya has indefinite leave to stay in the UK, he is said to be a non-resident taxpayer," the court observed.

The judge also concluded that the businessman had been in "clear breach" of a Karnataka court's order when he disposed of assets like a historic sword of Tipu Sultan acquired at an auction in 2003.

"The sword of Tipu Sultan is an item of historic importance which Dr. Mallya bought at an auction in 2003 for the equivalent of GBP 188,400 and states that he gave away in 2016 as his family members considered that it was bringing him bad luck," Judge Henshaw notes in his judgment.

"Dr. Mallya declined to state in correspondence to whom the sword was given. Dr. Mallya was unable to put forward any basis for contending that the disposal was not in breach of the Karnataka High Court's interim injunction, and accepted that it occurred after the Supreme Court had made clear that the injunction covered subsequently acquired assets It does, though, appear to me to have been in clear breach of the Karnataka court's order," he adds.

The judge, however, was less certain that luxury cars and yachts had been undeclared or disposed of by Mallya as claimed by the legal team representing the 13 Indian banks State Bank of India, Bank of Baroda, Corporation bank, Federal Bank Ltd, IDBI Bank, Indian Overseas Bank, Jammu & Kashmir Bank, Punjab & Sind Bank, Punjab National Bank, State Bank of Mysore, UCO Bank, United Bank of India and JM Financial Asset Reconstruction Co. Pvt Ltd.

The judge noted: "The Claimants [Indian banks] say there are numerous other assets which have been linked to Dr. Mallya in various sources on the internet, but which he denies that he owns. These comprise three yachts, numerous cars and the Mabula Game Reserve in South Africa.

"The registered/asserted owners are offshore companies and/or trusts. Since these matters are unverified, I do not consider I can take account of them."

Mallya's purchase of a Ferrari 246 GTS with an estimated value of 480,000 pounds was also questioned by the Indian banks. The UK court concluded that it may be the case that the payment of the deposit on the Ferrari was in breach of the Karnataka High Court's interim injunction.

"However, this point was not the subject of any detailed argument before me and, overall, I do not consider that the matters relating to the Ferrari carry matters any further on this application," the judge concluded.

The ruling by the UK court has been described as "significant" by TLT LLP, the UK law firm which represented the Indian banks in the case.

"This is a positive and big step forward. The judgement enables our client banks to proceed with enforcement of the Indian Debt Recovery Tribunal (DRT) ruling, which has now been registered and is immediately enforceable," said Paul Gair, partner in TLT's Banking & Financial Services litigation team.

"We are considering all of our options with our clients the worldwide freezing order has worldwide effect, so it's all of his assets wherever they may be. There are provisions for his weekly allowance, within which he can meet his needs," he added.

Vijay Mallya, who remains on bail since his arrest on an extradition warrant in April last year, will return for the last leg of his ongoing extradition trial at Westminster Magistrates' Court in London on July 11, after which the court is expected to set a timeline for judgment in that case.

The Crown Prosecution Service (CPS), representing the Indian government, has claimed it has successfully established a prima facie case of fraud against the businessman.

Mallya has claimed the criminal charges against him are "without substance" and "politically motivated".

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
June 14,2020

Kashmir, Jun 14: An Army personnel was killed and two others were injured as Pakistani troops opened fire and shelled areas along the Line of Control in Poonch district of Jammu and Kashmir, officials said on Sunday.

This is the third fatality in the Pakistani firing and shelling on forward posts and villages in the twin districts of Poonch and Rajouri this month.

The officials said the latest firing and shelling from across the border took place in Shahpur-Kerni sector on Saturday night, drawing strong retaliation by the Indian Army.

Three Indian Army personnel were injured in the Pakistani firing and were immediately evacuated to hospital, where one of them succumbed to injuries, the officials said.

They said the casualties suffered by the Pakistani Army in the retaliatory action were not known immediately.

On June 4, havaldar P Mathiazhagan fell to Pakistani firing in Sunderbani sector of Rajouri district, while on June 10, Naik Gurcharan Singh lost his life in a similar incident in Rajouri sector.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 24,2020

Ahmedabad, Mar 24: The Gujarat police has detained 426 people in the last 24 hours for violating lockdown rules in force in the state to combat the novel coronavirus outbreak, a senior official said on Tuesday.

They include those who came out despite being advised home quarantine, state Director General of Police Shivanand Jha said.

"The lockdown met with around 90 per cent success. We are taking strict measures to implement the lockdown in the remaining 10-15 per cent areas. We have lodged 238 cases related to the violation of police notification and 127 cases related to quarantine rule violation. In all, we have detained 426 persons across the state," Jha told reporters in Gandhinagar.

"For better implementation of the lockdown and to address issues concerning people, we have set up a dedicated 24-hour control room and appointed two additional DGP rank officers to supervise operations. Three teams under them would work to resolve issues across the state," said Jha.

He said police commissioners and districts SPs have been asked to enforce the lockdown in an effective manner.

Essential services like vegetable and milk shops are allowed to remain open, he said, and asked people not to flock in large numbers to such shops.

The state has so far reported 33 COVID-19 cases, and one person has died of the infection.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
August 3,2020

New Delhi, Aug 3: India's COVID-19 tally crossed the 18 lakh mark with 52,972 positive cases and 771 deaths reported in the last 24 hours.

The total COVID-19 cases stand at 18,03,696 including 5,79,357 active cases, 11,86,203 cured/discharged/migrated and 38,135 deaths," said the Union Ministry of Health and Family Welfare on Monday.

As per the data provided by the Health Ministry, Maharashtra -- the worst affected state from the infection -- has a total of 1,48,843 active cases and 15,576 deaths. A total of 4,41,228 coronavirus cases have been recorded in the state up to Sunday.

Tamil Nadu has reported a total of 56,998 active cases and 4,132 deaths. While Delhi has recorded 10,356 active cases, 1,23,317 recovered/discharged/migrated cases and 4,004 deaths.

The COVID-19 samples tested across the country has crossed the 2 crore mark till August 2.

The total number of COVID-19 samples tested up to August 2 is 2,02,02,858 including 3,81,027 tests that were conducted yesterday, said Indian Council of Medical Research (ICMR) on Monday. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.