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".

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News Network
April 9,2020

Thiruvananthapuram, Apr 9: Kerala, which was among the first state in the country to report a Corona positive case, has turned its entire public healthcare system into a single interconnected grid to generate uninterrupted information and provide flawless services, thanks to the daily zoom or video conferences of top health authorities for chalking out a dynamic strategy to tackle the COVID-19 pandemic.

The daily zoom or remote conferences held by Health Minister K K Shailaja and top health sector officials with the medical and paramedical personnel on the ground have lent a cutting edge to the state government’s all out efforts in monitoring the situation on the ground and formulating effective responses to address the various needs and concerns of the people, an official release said on Thursday.

The Minister is joined in this meticulous exercise by top administrators and planners, including Dr Rajan N Khobragade, Principal Secretary, Health; Dr. Rathan U Kelker, State Mission Director, National Health Mission, Dr Saritha, Director of Health Services, Dr Ramla Beevi, Director of Medical Education and other senior officials.

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News Network
February 10,2020

New Delhi, Feb 10: A 44-year-old man allegedly killed his daughter and son before ending his life by jumping in front of a Delhi metro train at Haiderpur Badli Mor station on Sunday, police said.

No suicide note has been recovered, but police claimed that the man, Madhur Malani, was depressed since his sandpaper-manufacturing factory was closed some six months ago due to financial crunch leaving him jobless. Madhur's parents had been supporting his family financially since then.

He used to stay with his wife Rupali, daughter Samiksha (14) and six-year-old son Shraiyans at a rented house in northwest Delhi's Shalimar Bagh area, they said.

Rupali was not at home when Madhur strangled their children. He might have also smothered their daughter but the exact cause of death would be ascertained only after the post-mortem reports arrive, a police official said.

After killing his two children, he jumped in front of an approaching train at Haiderpur Badli Mor Metro station following which he was rushed to a hospital where doctors declared him 'brought dead', the official said.

Metro services on the Yellow Line were briefly delayed due to the incident.

"Delay in services from Samaypur Badli to GTB Nagar due to a passenger on track at Haiderpur Badli Mor," the Delhi Metro Rail Corporation (DMRC) tweeted.

After about 15 minutes, it again tweeted that normal services have been restored. The Delhi Metro's Yellow Line connects Samaypur Badli in Delhi to HUDA City Centre in Gurgaon.

The suicide was reported to the police around 5.40 pm while the Shalimar Bagh Police station received a call about the killings around 6.50 pm.

On reaching the house, police found bodies of the children lying in beds in two rooms. During enquiry, it was learnt that their father has left the house, a senior police officer said.

While police were trying to trace Madhur, they learnt about a suicide at the metro station. On verifying the details, it surfaced that Madhur committed suicide after killing his children, the officer said.

Rupali told police that she had gone to a nearby market around 3 pm and on returning home she found the bodies of her children while her husband was missing.

A case under relevant sections of the IPC has been registered and investigation was underway, Deputy Commissioner of Police (Northwest) Vijayanta Arya said.

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Agencies
July 28,2020

New Delhi, Jul 28: Chief Minister Ashok Gehlot had "unconstitutionally" merged six MLAs of the Bahujan Samaj Party (BSP) with the Congress in Rajasthan, he did the same in his earlier tenure too, for which we wanted to teach him and his party a lesson, said BSP chief Mayawati on Tuesday.

The BSP chief added that her party could have gone to courts earlier but decided to wait for the "right opportunity".

"In Rajasthan, after elections results, BSP gave unconditional support of all its 6 MLAs to Congress. Unfortunately, Chief Minister Ashok Gehlot, out of his malicious intent and to damage BSP, merged them with Congress unconstitutionally. He did the same even during his earlier tenure," Mayawati said here.

"BSP could have gone to the court earlier too but we were looking for the time to teach Congress party and CM Ashok Gehlot a lesson. Now we have decided to go to the Court. We will not let this matter alone. We will go even to the Supreme Court," she added.

The BSP chief further reiterated that the party has asked the six MLAs to vote against the Congress government led by Ashok Gehlot if a trust vote takes place on the floor of the Rajasthan Assembly, failing which "their party membership will be cancelled".
She further said that the merger of BSP MLAs with Congress was immoral and went against the mandate given by voters in Rajasthan.
"Ulta-chor kotwal ko daante (the thief accuses the cop of wrongs) they (Congress) themselves indulge in wrongdoing and then accuse us," she further said.
On Sunday, the BSP issued a whip to six MLAs, asking them to vote against Congress in case of a no-confidence motion or any proceedings to be held during the Rajasthan Assembly session.

National General Secretary of BSP Satish Chandra Mishra, while speaking to news agecncy said, "Notices have been issued to the six MLAs separately as well as collectively, pointing out that since BSP is a National Party, there cannot be any merger at the state level at the instance of six MLAs unless there is a merger of BSP at the national level. If they violate it, they will be disqualified.

Notices have been issued to all six MLAs- - R Gudha, Lakhan Singh, Deep Chand, JS Awana, Sandeep Kumar and Wajib Ali, who are elected to the Rajasthan Assembly."
However, later on Monday, Lakhan Singh, hit back saying he and the five others had already joined the Congress.

"We six MLAs have already joined the Congress. BSP remembered us after nine months. They have issued this whip, after a message from the BJP. On this basis they are going to court", said Karauli MLA Lakhan Singh.

Rajasthan government is in turmoil after simmering differences between Deputy Chief Minister Sachin Pilot and Gehlot came out in the open. Pilot was removed as the Deputy Chief Minister and the state unit chief of Congress.

The Congress has accused the BJP of indulging in horse-trading to bring down the Gehlot government. The BJP has rejected the allegations.

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