Dubai court orders extradition of Christian Michel wanted by India in Rs 3,600-cr choppers deal case

Agencies
November 20, 2018

Dubai, Nov 20: A Dubai court on Monday ordered the extradition of British national and alleged middleman Christian Michel, who is wanted by Indian investigative agencies in the Rs 3,600 crore AgustaWestland VVIP choppers deal case, according to a media report.

Michel, 54, is currently behind bars in Dubai since he was arrested and sent into custody pending the legal and judicial procedure in the UAE.

The Court of Cassation upheld on Monday a lower court order which ruled that Michel could be extradited, dismissing appeals filed by his defence lawyers, the Khaleej Times reported.

Judge Abdelaziz Al Zarouni, who headed a bench, pronounced the decision in the presence of member judges Musabeh Thaaloub, Mostafa Al Shinawi, Mahmoud Sultan and another judge, the paper said.

However, there was no immediate official confirmation about the court's ruling in New Delhi.

On Monday, Michel's lawyer Abdul Moneim submitted documents showing that courts in Switzerland and Italy had ruled not to extradite his client.

"The judicial authorities there concluded there was no criminal element in the case," the lawyer argued.

Earlier, he argued at Dubai's highest court that the extradition request procedure of Michel would be a "violation" of the international treaty signed between the UAE and India.

Contesting the lower court's ruling, according to which his client could be extradited, the lawyer argued that the Indian authorities did not follow "the proper procedures" when requesting the extradition, the paper said.

"The request should have been filed by India's Ministry of Home Affairs rather than its Ministry of External Affairs," Abdul Moneim was quoted as saying.

He contended that the procedure was "flawed" since it did not comply with the clauses of the treaty signed on the issue, the paper said.

"Accordingly, the lower court order should be reversed," he argued.

Michel filed his appeal before the Dubai Court of Cassation within 30 days after the lower court's ruling.

With Dubai's top court upholding the lower court's decision, it has become final but it will need approval from the UAE Minister of Justice for the extradition procedure to start.

The extradition procedure happens in coordination with the Interpol and the Criminal investigation Department.

Since the appellate court ruled on September 2 that he could be extradited, in response to a request filed by the Indian authorities to the UAE in connection with corruption-related charges, Michel lost his bail conditions, the paper said.

Michel, whose passport had been seized by the judicial authorities in Dubai and had been granted release on bail, became 'wanted' on September 2, following the decision issued by the Dubai Court of Appeals.

Citing a source, the paper said Michel's extradition request had previously been closed administratively here as the necessary papers were not available then from India. Once his file was complete, the case was re-opened. He was summoned and confronted with the file afterwards.

India officially made the request to the Gulf nation sometime back for his extradition, based on the criminal investigations conducted in the case by the CBI and the Enforcement Directorate (ED).

The ED, in its chargesheet filed against Michel in June 2016, had alleged that he received ‎EUR 30 million (about Rs 225 crore) from AgustaWestland.

The money was nothing but "kickbacks" paid by the firm to execute the 12 helicopter deal in favour of the firm in "guise of" genuine transactions for performing multiple work contracts in the country, according to the chargesheet.

Michel is one of the three middlemen being probed in the case, besides Guido Haschke and Carlo Gerosa, by the ED and the CBI. Both the agencies have notified an Interpol red corner notice (RCN) against him after the court issued a non-bailable warrant against him.

The ED investigation found that remittances made by Michel through his Dubai-based firm Global Services to a media firm he floated in Delhi, along with two Indians, were made from the funds which he got from AgustaWestland through "criminal activity" and corruption being done in the chopper deal that led to the subsequent generation of proceeds of crime.

Michel denies the charges.

On January 1, 2014, India scrapped the contract with Italy-based Finmeccanica's British subsidiary AgustaWestland for supplying 12 AW-101 VVIP choppers to the IAF over alleged breach of contractual obligations and charges of paying kickbacks to the tune of Rs 423 crore by it for securing the deal.

The CBI has alleged there was an estimated loss of Euro 398.21 million (approximately Rs 2,666 crore) to the exchequer in the deal that was signed on February 8, 2010 for the supply of VVIP choppers worth Euro 556.262 million.

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Agencies
June 24,2020

New Delhi, June 24: The United Arab Emirates (UAE) has asked Air India to not carry any passengers aboard the repatriation flights to UAE being operated under the Vande Bharat Mission.

As per the Guidelines issued by the General Civil Aviation Authority of United Arab Emirates (UAE)- Safety Decision 2020-01 (Issue 17) Q and A Guidance For Foreign Operators, on June 23, 2020 - transportation of passengers ( UAE Nationals and Non - UAE Nationals) to the United Arab Emirates on the repatriation flights is not allowed.

In view of the foregoing, all passengers including the Indian Nationals who are holding valid Residency Permit / Work Permit of United Arab Emirates and have procured approval of the UAEs Federal Authority for Identity and Citizenship- UAE (ICA) of United Arab Emirates or an approval from the General Directorate of Residency and Foreigners Affairs (GDRFA) applicable to Dubai would need to have specific approval from the Embassy of the United Arab Emirates in New Delhi and their UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC) to travel from India to United Arab Emirates (UAE) on these repatriation flights.

All passengers need to comply with the quarantine and COVID-19 test requirements as per the preventive and the precautionary measures required by the appropriate health authorities, as notified from time to time.

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Agencies
July 10,2020

Kanpur, Jul 10: Kanpur encounter main accused Vikas Dubey, who was injured in an encounter with the police, died on Friday, the police said.

"Gangster Vikas Dubey arrested for killing eight policemen is dead," confirmed the police.

According to SP Kanpur West Anil Kumar, gangster Vikas Dubey attempted to flee after the car overturned. Dubey attempted to flee by snatching pistol of the injured policemen. However, he was shot in the retaliatory firing.

"Vikas Dubey attempted to flee by snatching pistol of the injured policemen after the car overturned. Police tried to make him surrender, during which he fired at the policemen. He was injured in retaliatory firing by police. He was later rushed to the hospital," SP Kanpur West told reporters here.

Dubey, the main accused in the Kanpur encounter was arrested by the police in Ujjain on Thursday morning. He was on the run for the last six days and had come to Ujjain to offer prayers at Temple, where he was identified by a security guard at the shrine.

The gangster is the main accused in the encounter that took place in Bikru village in Chaubeypur area of Kanpur last week, in which a group of assailants allegedly opened fire on a police team, which had gone to arrest Dubey. Eight police personnel were killed in the encounter.

Dubey managed to escape after the killing.  The Uttar Pradesh police launched a hunt for him and raised the bounty on him to Rs 5 lakh.

Bahua Dubey and Prabhat Mishra, close aides of the main accused, were killed in separate encounters in Etawah and Kanpur respectively, on Thursday.

The main accused's other aide Shyamu Bajpai was arrested by the Chaubeypur police following an encounter. He carried a reward of Rs 25,000, the police informed on Wednesday. Earlier the same day, Uttar Pradesh's Special Task Force (STF) gunned down Vikas Dubey's close aide Amar Dubey in Hamirpur district.

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Kannadiga
 - 
Friday, 10 Jul 2020

No one fool other than ghobar society will believe on this news. Totally a goonda raj by yogiraaj.  He tried to offer 1crore to all killed policemen. But locals obligation now this is the  new drama. One way this is a lesson to his and his chaddi society's followers that party can take their own soldiers life for the self benefit.

Long Live India

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News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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