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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Agencies
March 16,2020

New Delhi, Mar 16: Chief Justice of India Sharad Arvind Bobde on Monday said that rules for preventing overcrowding in the courts to avoid the spread of coronavirus cannot be relaxed for journalists alone on the basis of profession.

"Can't make an exception on the basis of profession," CJI Bobde said while asking journalists to share information and notes and suggesting that a system can be put in place to facilitate daily media briefing by Secretary-General.

Video conferencing facility being contemplated may be brought into place but not sooner than one week from now and reporters may take turns to attend hearings, CJI Bobde said.

He said that the court does not wish to prevent any reportage.

Attorney General KK Venugopal and Solicitor General Tushar Mehta informed the Chief Justice of India about the crowded corridors on account of restricted entry inside courtrooms.

CJI Bobde said that he himself wishes to assess and take stock of the situation and may do so tomorrow at 10.30 am.

This comes after the top court introduced several precautionary measures to prevent the spread of coronavirus and allowed only restricted entry of lawyers, litigants, and journalists in the courtroom.

Thermal-screening of the lawyers, litigants, and media persons were also conducted in the Supreme Court on Monday amid coronavirus fears.

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Agencies
February 5,2020

New Delhi, Feb 5: Delhi High Court on Wednesday stated that that death warrant of all convicts in the Nirbhaya gangrape and murder case should be executed together.

The Delhi prison rules do not state whether when the mercy petition of one convict is pending, the execution of the other convicts can take place and from the trial court to Supreme Court all convicts have been held by a common order and a common judgment, Justice Suresh Kumar Kait observed while passing the order.

High Court dismissed the Central government and Tihar Jail authorities plea challenging the Patiala House court's order, which stayed the execution of the four convicts in the case. It also observed that the convicts indulged in a heinous offence of a bone-chilling rape and murder of a girl and that criminal appeals by all convicts were dismissed by the courts.

Moreover, the court observed that the review petitions were filed after long wait and convicts are taking shelter of Article 21 which is available to them till their last breath.

A single-judge bench of Justice Suresh Kumar Kait had on Sunday kept the order reserved in the matter after special hearing of two days.

Earlier, Solicitor General Tushar Mehta, appearing on behalf of the Centre, alleged that the convicts were deliberately delaying the execution, adding that any delay in death sentence will have a dehumanising effect on the convicts.

A Delhi court last week stayed till further orders the execution of the four convicts -- Akshay Thakur, Mukesh Singh, Pawan Gupta, and Vinay Sharma -- which was earlier scheduled to take place on February 1.

The case pertains to the gang-rape and brutal murder of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012, by six people, including a juvenile, in Delhi. The woman had died at a Singapore hospital a few days later.

One of the five adults accused, Ram Singh, had allegedly committed suicide in the Tihar Jail during the trial of the case.

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Agencies
January 5,2020

Puducherry, Jan 5: Puducherry Lt Governor Kiran Bedi, a former IPS officer, became the butt of Twitterati jokes on Saturday after she tweeted that NASA recording of the sound of the sun was in fact 'Om' chant. She wrote at @thekiranbedi: "NASA recorded sound of the sun -- Sun chants Om."

The post got 5.6K retweets and 17.7K likes, and as many as 472.6K views.

One user remarked: "Wrong. The Sun said NaMo NaMo. You should've checked the UNESCO version along with the NASA version."

A post read: "And we thought you were intelligent."

One user posted a picture of Kiran Bedi with Sadhguru Jaggi who was trolled a few days ago after he posted his support on the Citizenship Amendment Act. He commented: "This picture can be provided."

A Twitter user reminded the former bureaucrat about the Indian Constitution's Fundamental Duties (Article 51A) that says that it shall be the duty of every citizens of India to develop scientific temper, humanism and the spirit of inquiry and reform.

Another wondered aloud: "We don't know how you cleared the Civil Services exams. We are ashamed...."

A user posted a clip of a well known stand-up comic who talked about the celestial hum which many claim to be Om chant.

A post read: "I consider this tweet by you as one of the best jokes of the millennium. The saffron brigade is successful in brainwashing learned people like you."
One user commented: "Once upon a time this lady was a hero to many. What a disgrace now!"

Comments

Ahmed Ali Kulai
 - 
Monday, 6 Jan 2020

Shame on you!!

 

Dont know how you are appointed as IPS officer

 

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