UK court rules no 'real risk' in Tihar Jail to extradition of alleged bookie Chawla

Agencies
November 17, 2018

London, Nov 17: The UK High Court on Friday quashed a lower court's order against extraditing alleged bookie Sanjeev Kumar Chawla to India and directed the District Judge to re-start extradition proceedings against him after being convinced with the assurances by the Indian government on the safety of prison conditions in New Delhi's Tihar jail.

Chawla, a key accused in the cricket match-fixing scandal involving former South African captain Hansie Cronje in 2000, had won his case against extradition to India last year after the Westminster Magistrates' Court here concluded there was a prima facie case to answer but his human rights could not be guaranteed in Tihar jail, where he was to be held.

The High Court ruled that it is convinced with the assurances provided by the Indian government regarding the safety of prison conditions in New Delhi's Tihar jail as it quashed the lower court's order against extraditing the 50-year-old.

In a judgment handed down in the Royal Courts of Justice here, Lord Justice Leggatt and Justice Dingemans upheld the Indian government's appeal against that order and directed the District Judge to re-start extradition proceedings against Chawla.

The judges noted that a third assurance, provided by the Joint Secretary to the Government of India in June, promises the accused of accommodation in a cell to be occupied exclusively by him, with proper "safety and security" and complying with the "personal space and hygiene requirements" the court expects.

It also makes further guarantees on medical facilities and protection from intra-prisoner violence in the jail.

"In these circumstances, having regard to all of the information available to this Court about Tihar prisons, the terms of the third assurance (which was not before the District Judge) are sufficient to show that there will be no real risk that Mr Chawla will be subjected to impermissible treatment in Tihar prisons," the High Court judgment concludes.

In an earlier ruling in May, the High Court sought these further assurances from India before making a final decision on the government's appeal in the case.

"The effect of the successful appeal is that the order of the District Judge to discharge Mr Chawla has been quashed, with the case being remitted back to the District Judge to proceed as she should have done," noted a statement from the Crown Prosecution Service (CPS), which represented the Indian government in the case.

A date for a fresh hearing in the case will now be set by Westminster Magistrates' Court in coming months.

The CPS had argued that the October 2017 ruling by the magistrates' court reflected a complete disregard of the "solemn diplomatic assurance" by India that Chawla will be treated within internationally-accepted norms for prison conditions.

The defence team, on the other hand, argued that District Judge Rebecca Crane had been right in turning down the extradition request on human rights ground.

"India is a mature and solid democracy, with which we have had a strong extradition relationship," noted CPS barrister Mark Summers, who is the barrister representing the Indian government in another high-profile extradition case that of liquor baron Vijay Mallya.

Mallya, wanted in India on fraud and money laundering charges amounting to nearly Rs 9,000 crore, has denied the allegations and disputed the jail conditions at Arthur Road Jail in Mumbai as part of his defence. A verdict in his case is expected next month at Westminster Magistrates' Court.

In Chawla's case, District Judge Crane's judgment dated October 16, 2017, had accepted a prima facie case against Chawla over his role in the fixing of "cricket matches played between India and South Africa during the tour of the South African Cricket Team to India under the captainship of Hansie Cronje in February-March 2000".

However, on hearing expert evidence from Dr Alan Mitchell, a licensed medical practitioner and a former medical officer with the Scottish prison system, she ruled in favour of Chawla on the grounds that his human rights would be violated in Tihar jail under Section 87, Article 3, relating to "prohibition of torture or inhuman or degrading treatment".

Mallya's defence team has also argued that India's jail cells are "far from satisfactory" and used the same UK prisons expert as Chawla's team, Dr Alan Mitchell, to back up their claims.

According to court documents in the Chawla extradition case, the Delhi-born businessman had moved to the UK on a business visa in 1996, where he has been based while making trips back and forth to India.

After his Indian passport was revoked in 2000, the 50-year-old obtained a UK passport in 2005 and is now a British citizen.

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News Network
July 2,2020

Jul 2: Democratic presidential candidate and former US vice-president Joe Biden has said that if he wins the November elections, strengthening the relationship with India which is America’s "natural partner", will be a high priority for his administration.

"India needs to be a partner in the region for our safety's sake and quite frankly for theirs," he said in response to a question on India-US relationship during a virtual fundraiser event on Wednesday.

At the fundraiser hosted by Chairman and CEO of Beacon Capital Partners Alan Leventhal, the former vice president said that India and the United States were natural partners.

"That partnership, a strategic partnership, is necessary and important in our security," Biden said when asked by an attendee whether India is critical to the US' national security.

Referring to his eight years as the vice president, he said, "In our administration, I was proud to play a role more than a decade ago in securing Congressional approval for the US-India Civil Nuclear Agreement, which is a big deal".

"Helping open the door to great progress in our relationship and strengthening our strategic partnership with India was a high priority in the Obama-Biden administration and will be a high priority if I'm elected president,” Biden said.

Both as the vice president and a senator from Delaware, he was a big supporter of India-US relationship.

About the November polls, Biden said that the character of the country is on the ballot. The upcoming election is the most important poll of a lifetime and that the country is currently engaged in a battle for its soul, he claimed.

Biden also slammed President Donald Trump and his administration over the handling of the coronavirus pandemic.

"Trump ignored warnings from the very beginning, refused to prepare and failed to protect the country. Not just now but throughout his presidency, undermining the very core pillars of ours, what I would argue, moral and economic strength.

"I really do believe that our country is crying out for leadership and maybe even more important, some healing. Today, we have an enormous opportunity not only to rebuild but to build back better than before. To build a better future. That's what America does," he added.

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News Network
June 2,2020

Oakland, Jun 2: Facebook employees are using Twitter to register their frustration over CEO Mark Zuckerberg's decision to leave up posts by President Donald Trump that suggested protesters in Minneapolis could be shot.

While Twitter demoted and placed a warning on a tweet about the protests that read, in part, that “when the looting starts the shooting starts,” Facebook has let it stand, with Zuckerberg laying out his reasoning in a Facebook post Friday.

“I know many people are upset that we've left the President's posts up, but our position is that we should enable as much expression as possible unless it will cause imminent risk of specific harms or dangers spelled out in clear policies,” Zuckerberg wrote.

Trump's comment evoked the civil-rights era by borrowing a phrase used in 1967 by Miami's police chief to warn of an aggressive police response to unrest in black neighborhoods.

On Monday, Facebook employees staged a virtual “walkout” to protest the company's decision not to touch the Trump posts according to a report in the New York Times, which cited anonymous senior employees at Facebook.

The Times report says “dozens” of Facebook workers “took the day off by logging into Facebook's systems and requesting time off to support protesters across the country." “I work at Facebook and I am not proud of how we're showing up.

The majority of coworkers I've spoken to feel the same way. We are making our voice heard,” tweeted Jason Toff, a director of product management at Facebook who's been at the company for a year.

Toff, who has a verified Twitter account, had 131,400 “likes” and thousands of retweets of his comment. He did not immediately respond to a message seeking comment on Monday.

“I don't know what to do, but I know doing nothing is not acceptable. I'm a FB employee that completely disagrees with Mark's decision to do nothing about Trump's recent posts, which clearly incite violence. I'm not alone inside of FB.

There isn't a neutral position on racism,” tweeted another employee, design manager Jason Stirman.

Stirman did not immediately respond to a request for comment on Monday. Sara Zhang, a product designer at the company, tweeted that Facebook's “decision to not act on posts that incite violence ignores other options to keep our community safe.

The policy pigeon holes us into addressing harmful user-facing content in two ways: keep content up or take it down.” “I believe that this is a self-imposed constraint and implore leadership to revisit the solution,” she continued. Zhang declined to comment to The Associated Press.

Representatives for Facebook did not immediately respond to messages for comment.

Twitter has historically taken stronger stances than its larger rival, including a complete ban on political advertisements that the company announced last November.

That's partly because Facebook, a much larger company with a broader audience,targeted by regulators over its size and power, has more to lose. And partly because the companies' CEOs don't always see eye to eye on their role in society.

Over the weekend, Twitter changed the background and logo if its main Twitter account to black from its usual blue in support of the Black Lives Matter protesters and added a #blacklivesmatter hashtag. Facebook did the same with its own logo on its site, though without the hashtag.

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Agencies
May 23,2020

Washington, May 23: President Donald Trump has labeled churches and other houses of worship as “essential" and called on governors nationwide to let them reopen this weekend even though some areas remain under coronavirus lockdown.

The president threatened Friday to “override” governors who defy him, but it was unclear what authority he has to do so.

“Governors need to do the right thing and allow these very important essential places of faith to open right now — for this weekend," Trump said at a hastily arranged press conference at the White House. Asked what authority Trump might have to supersede governors, White House press secretary Kayleigh McEnany said she wouldn't answer a theoretical question.

Trump has been pushing for the country to reopen as he tries to reverse an economic free fall playing out months before he faces reelection. White evangelical Christians have been among the president's most loyal supporters, and the White House has been careful to attend to their concerns throughout the crisis.

Following Trump's announcement, the Centers for Disease Control and Prevention released new guidelines for communities of faith on how to safely reopen, including recommendations to limit the size of gatherings and consider holding services outdoors or in large, well-ventilated areas.

Public health agencies have generally advised people to avoid gatherings of more than 10 people and encouraged Americans to remain 6 feet (1.8 meters) away from others when possible. Some parts of the country remain under some version of remain-at-home orders.

In-person religious services have been vectors for transmission of the virus. A person who attended a Mother's Day service at a church in Northern California that defied the governor's closure orders later tested positive, exposing more than 180 churchgoers. And a choir practice at a church in Washington state was labeled by the CDC as an early “superspreading" event.

But Trump on Friday stressed the importance of churches in many communities and said he was “identifying houses of worship — churches, synagogues and mosques — as essential places that provide essential services.”

“Some governors have deemed liquor stores and abortion clinics as essential” but not churches, he said. “It's not right. So I'm correcting this injustice and calling houses of worship essential." “These are places that hold our society together and keep our people united,” he added.

Dr. Deborah Birx, coordinator of the White House coronavirus task force, said faith leaders should be in touch with local health departments and can take steps to mitigate risks, including making sure those who are at high risk of severe complications remain protected.

“There's a way for us to work together to have social distancing and safety for people so we decrease the amount of exposure that anyone would have to an asymptomatic," she said.

A person familiar with the White House's thinking who spoke on condition of anonymity to discuss internal deliberations said Trump had called the news conference, which had not been on his public schedule, because he wanted to be the face of church reopenings, knowing how well it would play with his political base.

Churches around the country have filed legal challenges opposing virus closures.

In Minnesota, after Democratic Gov. Tim Walz this week declined to lift restrictions on churches, Roman Catholic and some Lutheran leaders said they would defy his ban and resume worship services. They called the restrictions unconstitutional and unfair since restaurants, malls and bars were allowed limited reopening.

Some hailed the president's move, including Kelly Shackelford, president of the conservative First Liberty Institute.

“The discrimination that has been occurring against churches and houses of worship has been shocking," he said in a statement. "Americans are going to malls and restaurants. They need to be able to go to their houses of worship.” But Rabbi Jack Moline, president of Interfaith Alliance, said it was “completely irresponsible” for Trump to call for a mass reopening of houses of worship.

“Faith is essential and community is necessary; however, neither requires endangering the people who seek to participate in them,” he said.

“The virus does not discriminate between types of gatherings, and neither should the president." Rhode Island Gov. Gina Raimondo, a Democrat, made clear that churches and other houses of worship will not resume in-person services in her state until at least next weekend and said she was skeptical Trump had the authority to impose such a requirement.

“It's reckless to force them to reopen this weekend. They're not ready,” she said. “We've got a good plan. I'm going to stick with it.” New Hampshire Gov. Chris Sununu, a Republican, said he would review the federal guidance, while maintaining a decision rests with him.

"Obviously we'd love to get to the point where we can get those open, but we'll look at the guidance documents and try to make some decisions rather quickly, depending on what it might say,” he said. “It's the governor's decision, of course.”

The CDC more than a month ago sent the Trump administration documents the agency had drafted outlining specific steps various kinds of organizations, including houses of worship, could follow as they worked to reopen safely.

But the White House dragged its feet, concerned that the recommendations were too specific and could give the impression the administration was interfering in church operations.

The guidance posted Friday contains most of the same advice as the draft guidance. It calls for the use of face coverings and recommends keeping worshippers 6 feet from one another and cutting down on singing, which can spread aerosolized drops that carry the virus.

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