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
March 26,2020

New Delhi, Mar 26: Finance Minister Nirmala Sitharaman on Thursday announced a Rs 50 lakh insurance cover for healthcare workers who are at the forefront of dealing with coronavirus pandemic.

Sitharaman said the government has finalised an economic stimulus package to deal with the impact of 21-day countrywide lockdown to prevent spread of the virus.

“It’s only 36 hours since the lockdown has been imposed. Now we have come with a package which immediately take care of the welfare concerns of the poor and suffering workers and those who need immediate help,” Sitharaman said.

She also said that 80 crore poor people, nearly two thirds of the population  will get five kg of rice or wheat per month for three months, in addition to the 5 kg they already receive, for free."

The rationcard holders can take the foodgrains and pulses from the Public Distribution System (PDS) in two installments, she added.

"This measure will ensure no gareeb (poor) remains hungry," Sitharaman said.

The package will include cash transfer and food subsidy, she said.

"Farmers who currently receive Rs 6,000 annually, will be given the first installment of the next financial year immediately. 8.7 crore farmers will benefit from it," said Sitharaman.

As many of 20.5 crore women Jan Dhan Account holders will get Rs 500 per month for next three months to run their households.

For poor senior citizens, widow and disabled will get an ex-gratia of Rs 1,000.

Also, the daily wage under MNREGA has been increased to Rs 202 a day from Rs 182 to benefit 5 crore workers.

The minister said the government will front-load Rs 2,000 payment to farmers in the first week of April under the existing PM Kishan Yojana to benefit 8.69 crore farmers.

Also, the beneficiaries of Ujjwala LPG scheme will get free cooking gas for the next three months, she said.

This forms part of the Rs 1.70 lakh crore Gramin Kalyan Package.

Prime Minister Narendra Modi last week had constituted a task force headed by the Finance Minister to work out package for economy hit by coronavirus.

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News Network
June 10,2020

Bengaluru, Jun 10: Congress' Rajya Sabha candidate from Karnataka and senior leader Mallikarjun Kharge and his son received threat calls on Sunday, with the latter filing a complaint with the state police chief. Kharge, a former Union Minister, received the call in the wee hours of Sunday on his landline while his son Priyank later got a call from a private number on his mobile phone.

Priyank lodged a complaint with the Director-General of Police Praveen Sood and former MLC Ramesh Babu shared the copy of the complaint on Twitter on Tuesday. In his complaint, Priyank Kharge stated that at about 1.30 am on Sunday, his father received a call on the landline where the caller spoke in Hindi and English and used invective against the Congress veteran.

The caller, according to the complaint, spoke about the Rajya Sabha election and threatened Kharge. Police are looking into the matter. Kharge is the Congress' pick for the June 19 Rajya Sabha election from Karnataka. JD(S) supremo and former Prime Minister Deve Gowda and two BJP candidates have also filed nominations for the election to the upper House.

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Agencies
March 1,2020

Washington, Mar 1: Beginning April 1, Indians wishing to immigrate to America will now have to pay an additional $50,000 for the EB-5 or the US investor visa, a media report said.

Although, this additional tax would impact all visa categories, it will predominantly create a barrier for people investing in the EB-5 visa programme, the American Bazaar daily said in the report on Friday.

In 2019, the EB-5 investor visa programme, for the first time since the 1990's, increased the minimum investment amount to $900,000.

With this increase in minimum investment, the new 5 per cent additional tax would mean that applicants would have to pay the extra $50,000, when they move money to an escrow account in the US to fulfil their application criterion.

"The changes to the tax on remittances is a reminder to Indians to carefully plan their tax position before making the move to the US," the American Bazaar quoted Mark Davies, Global Chairman, Davies & Associates LLC, as saying.

"People seeking to emigrate who do not wish to pay this tax at source and rather account for it later may wish to move their money ahead of the new rules coming into effect.

"It is possible to pre-emptively move money into an escrow account in the US until such a time as they are ready to proceed with emigration process," he added.

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