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
June 6,2020

Washington, Jun 6: Washington mayor Muriel Bowser on Friday renamed an area near the White House that has become the epicenter of anti-racism protests over the past week "Black Lives Matter Plaza" -- unveiling a giant street mural.

But in so doing, the African-American mayor piqued the ire of the very movement she was supporting, as well as of President Donald Trump.

The protests are focused on the May 25 death in Minneapolis of 46-year-old black man George Floyd while in police custody. A white officer kneeled on his neck until he lost consciousness.

That officer and three others are now in custody and facing charges -- second-degree murder for the kneeling officer, and aiding and abetting that crime for his colleagues.

Just north of the White House, the words BLACK LIVES MATTER were painted in huge yellow letters along the street leading to the presidential mansion, along with the symbol from the DC flag.

"The section of 16th street in front of the White House is now officially 'Black Lives Matter Plaza'," Bowser tweeted.

A city worker put up a new street sign with the name.

"Determination to make America the land it ought to be," she said on Twitter.

The corner of 16th and H is significant -- in a controversial incident on Monday, peaceful protesters gathered there were dispersed with tear gas.

Shortly afterwards, Trump walked from the White House to a nearby church for a photo op, during which he held the Bible in his hand.

"There was a dispute this week about whose street this is. Mayor Bowser wanted to make it abundantly clear that this is DC's street and to honor demonstrators" who protested on Monday, her chief of staff John Falcicchio tweeted.

Rose Jaffe, one of the artists in the collective that painted the BLACK LIVES MATTER sign, told AFP it was "about reclaiming the streets of DC."

But she added that Bowser "has to do more than just a photo-op -- she must carry on when this is washed away" on issues like police accountability.

Stars Like LeBron James praised her move on Twitter, but the local chapter of the Black Lives Movement balked, calling the mural a "performative distraction from real policy changes."

"This is to appease white liberals while ignoring our demands," it said on Twitter, saying Bowser had "consistently been on the wrong side" of the movement.

'We are well equipped'

The US government deployed a significant contingent of federal officers and National Guard troops from other states -- many of them not wearing any identifying garb or badges -- to handle protests in Washington.

Bowser had called up the local Guardsmen but the Justice Department moved to take partial control of peacekeeping, with Guard troops from as far away as Utah brought in.

In a letter to Trump dated Thursday and tweeted early Friday, Bowser called for "all extraordinary federal law enforcement and military presence" to be removed.

She said their deployment was "inflaming demonstrators and adding to the grievances of those who, by and large, are peacefully protesting for change and for reforms to the racist and broken systems that are killing black Americans."

"These additional, unidentified units are operating outside of established chains of command," she added.

"We are well equipped to handle large demonstrations and First Amendment activities," including the right to assemble, Bowser said.

Trump reiterated on Friday that authorities need to "dominate the streets," and has been unapologetic about the deployment of forces.

And on Twitter, he lashed out at Bowser, calling her "incompetent" and saying the National Guard had saved her from "great embarrassment."

Senator Mike Lee of Utah accused Bowser of evicting Utah National Guard members from area hotels.

She replied: "DC residents cannot pay their hotel bills. The Army can clear that up with the hotel today, and we are willing to help."

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News Network
April 2,2020

New Delhi, Apr 2: With 437 new cases reported in the last 24 hours, the tally of COVID-19 positive cases in India shot up to 1,834 on Wednesday night.

The number of deaths in the country due to COVID-19 has risen to 41.

The total number of active cases in the country is 1,649. 143 persons have been cured and discharged from the hospitals. One person has migrated, according to the data provided by the Ministry of Health and Family Welfare.

Earlier on Wednesday, Union Home Secretary Ajay Bhalla urged all state governments and Union Territory administrations to ensure the lockdown measures issued by the Ministry of Home Affairs are strictly implemented.

"All the state governments/UT administrations are requested to strictly implement the lockdown measures issued by MHA in the exercise of the powers under Disaster Management Act, 2005 in letter and spirit," Bhalla said.

Prime Minister Modi had earlier announced a 21-day lockdown in the entire country to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.

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News Network
May 12,2020

Ahmedabad, May 12: The Gujarat High Court on Tuesday declared state BJP minister Bhupendrasinh Chudasama's election in 2017 as void on grounds of malpractice and manipulation.

Justice Paresh Upadhyay cancelled Bhupendrasinh Chudasama's election in an order passed on a petition filed by Congress candidate Ashwin Rathod, challenging the BJP leader's victory from Dholka constituency by a margin of 327 votes in the 2017 Gujarat Assembly polls.

In his election petition, Ashwin Rathod alleged that Bhupendrasinh Chudasama indulged in "corrupt practice and breach of many of the mandatory instructions of the Election Commission, at various stages of the election process, more particularly at the time of counting of votes".

Bhupendrasinh Chudasama currently holds charge of the education, law and justice, legislative and parliamentary affairs, and some other departments in the Vijay Rupani government.

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