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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coastaldigest.com news network
August 8,2020

Kozhikode, Aug 8: A tailwind or crosswind could be the reason for the Air India Express flight mishap at Kozhikode international airport in Kerala, according to some aviation experts. 

Team of DGCA and AIE already reached the spot. With the death of the captain and co-pilot in the mishap, the investigation would be focusing mainly on the voice recorders and other technical aspects.

It is learnt that the ill-fated aircraft, IX 1344 with 190 onboard including crew, was initially planning to land on runway-28 of the airport. But later the pilot opted runway-10 which is toward the other direction. Pilots would be taking the decisions on the basis of inputs from ATC.

The questions now doing the rounds are what made the pilot opt runway-10 and whether the tabletop runway lacked adequate safety parameters.

An aviation expert, who didn't want to be quoted, said that Capt Deepak Sathe, who was commandeering the aircraft, was a well-experienced pilot and was also familiar with the terrains. Hence the chances of any error from his part was very unlikely. Hence a fair in-depth probe was required to find the exact cause.

Though the Kozhikode airport has an Instrument Landing System, it was of category-I for which pilot's visibility is very crucial toward a touchdown. Since it is a tabletop airport and rough weather prevailing in the region, the chances of tailwind was also high, said sources.

There had been safety concerns about the airport over quite some time. In 2011 aviation safety consultant captain Mohan Ranganathan reportedly gave a report citing the safety issues, especially the buffer zones at the end of the runway.

However, an AAI officer said that rectification steps were already done by last year by widening the Runway End Safety Area (RESA) from 90 metre to 240 metre. However, the length of the runway had to be reduced to 2,700 metre from 2,850. The AAI was also constantly pressing for increasing the runway length to 3,150 metres. But that was getting delayed due to land acquisition issues pending with the state government.

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Agencies
February 7,2020

Jammu & Kashmir, Feb 7: Former Jammu and Kashmir chief ministers Mehbooba Mufti and Omar Abdullah, besides two political stalwarts from NC and its arch-rival PDP were booked under the stringent Public Safety Act (PSA) by the administration on Thursday, officials said.

A magistrate accompanied by police served the order to Mufti at the bungalow where she has been detained, the officials said.

Abdullah was also booked under the PSA, they said.

National Conference general secretary and former minister Ali Mohammed Sagar, who wields a support base in downtown city, was served with a PSA notice public order by the authorities.

Similarly, senior PDP leader Sartaj Madani was booked under the PSA. Madani is the maternal uncle of former chief minister Mehbooba Mufti.

Both Sagar and Madani were detained in the aftermath of August 5 crackdown by the Centre on politicians following abrogation of special status of the erstwhile state, besides its bifurcation into two union territories.

Their six-month preventive custody was ending on Thursday.

Earlier, the officials had said that former NC legislator Bashir Ahmed Veeri was also booked under the PSA but later it turned out that he had been released.

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News Network
March 9,2020

New Delhi, Mar 9: The Centre and the Delhi government are working in close coordination to deal with coronavirus, Chief Minister Arvind Kejriwal said here on Monday.

Talking to reporters after a review meeting with Union Health Minister Harsh Vardhan on the preparedness for COVID-19, the chief minister said people arriving from foreign countries are being screened at airports.

A campaign will be run to make people aware of the preventive measures to contain the spread of the disease, Kejriwal said.

Health Ministry sending directives to states: Vardhan

Health Minister Harsh Vardhan said the government is prepared to deal with novel coronavirus and his ministry is sending directives, including guidelines, to states in all the languages on ways to contain it.

"We are sending detailed guidelines to all states on ways to contain coronavirus. Have asked states to strengthen laboratories and manpower to effectively deal with coronavirus and form early rapid action teams," Vardhan told reporters adding, that the government is prepared to deal with the infection.

Vardhan stressed on a coordinated action between all concerned departments and agencies for activities such as contact tracing, community surveillance, hospital management, identification of isolation wards, ensuring adequate personal protection equipment and masks and risk communication for mass awareness.

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