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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 22,2020

Washington, May 22: The deadly coronavirus came from China and the US is not going to take it lightly, American President Donald Trump said on Thursday.

"It came from China. We are not happy about it. We just signed a trade deal, the ink wasn't dry and all of the sudden this floated in. We are not going to take it lightly,” Trump said participating in a Listening Session with African-American Leaders in Michigan.

Trump in the last several weeks has been very critical of China's inability to control the spread of the novel coronavirus within its territory. By Thursday more than 94,000 Americans have died due to the coronavirus and over 1.6 million have tested positive.

He has so far not given any indication of the steps that he is contemplating taking against China.

Meanwhile, pressure is building on his administration, mainly from the Republican lawmakers on this.

On Thursday, Senators Ted Cruz and Rick Scott, along Mike Braun, Marsha Blackburn, Joni Ernst, Martha McSally and Tom Cotton, introduced the COVID-19 Vaccine Protection Act to prevent the Chinese Communist Party from stealing or sabotaging American COVID-19 vaccine research.

The bill requires a thorough national security evaluation and clearance by the Department of Homeland Security, the Department of State, and the Federal Bureau of Investigation of all Chinese student visa holders taking part in activities related to COVID-19 vaccine research.

"The same Chinese Communist Party that covered up the coronavirus outbreak also routinely engages in state sponsored theft of intellectual property," Cruz said. "We cannot allow China to steal or interfere with American research and development of a vaccine,” he added.

"Communist China is responsible for the coronavirus pandemic, and their lies and misinformation cost American lives," Scott said.

"We cannot let Communist China off the hook for this, and we absolutely cannot allow Communist China to steal or sabotage any American research efforts related to the Coronavirus vaccine. The COVID-19 Vaccine Protection Act protects American efforts to create a vaccine as we work to end this pandemic," he added.

The COVID-19 Vaccine Protection Act, among others requires an enhanced vetting of nationals of the Chinese nationals in the US as nonimmigrants under F, J, or M student visas to determine if any student visa holders are a national security threat.

Once the review is complete, authorizes Department of Homeland Secretary, in consultation with other agencies, to continuously monitor all nonimmigrant student visa holders (F, M, J) who are Chinese nationals while in the US and are engaged in, or have access to, the research of any potential COVID-19 vaccine or COVID-19 related material.

Republican Whip and Ranking Member of the Select Subcommittee on the Coronavirus Crisis Steve Scalise alleged that China lied to the world on coronavirus.

"During a critical period in December and January, China withheld evidence of the virus: evidence that confirmed human to human transmission of the virus, evidence of the extent of the spread. China refused entry of American and other medical experts from around the world for weeks,” he said.

“And during this time, China hoarded medical supplies like masks, gowns, and other life-saving PPE. Chinese exports of surgical masks, gowns, and gloves were stifled by the Chinese Communist Party during this period. China knew the danger posed by the virus and while they hid the truth, they used the time to stock up on vital medical supplies,” Scalise said.

“While Chinese authorities limited domestic flights from Wuhan to other Chinese cities like Beijing and Shanghai, China's government urged international carriers to maintain their flight schedules — seeding the virus throughout the rest of the world,” he alleged.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
July 7,2020

Washington, Jul 7: The US House of Representatives Judiciary Committee will grill the CEOs of US tech giants Apple, Google, Facebook and Amazon during an antitrust hearing on July 27.

Apple's Tim Cook, Facebook's Mark Zuckerberg, Alphabet's Sundar Pichai and Amazon's Jeff Bezos will testify before the antitrust panel that is working on proposals to reform and regulate the digital market.

The hearing would mark the first time all four top executives testify together in front of Congress, virtually or in-person depending on the panel's call in the COVID-19 pandemic times.

"Since last June, the Subcommittee has been investigating the dominance of a small number of digital platforms and the adequacy of existing antitrust laws and enforcement," House Judiciary Committee Chairman Jerrold Nadler (D-NY) and Antitrust Subcommittee Chairman David Cicilline (D-RI) said in a statement on Monday.

"Given the central role these corporations play in the lives of the American people, it is critical that their CEOs are forthcoming. As we have said from the start, their testimony is essential for us to complete this investigation.”

The House Judiciary Committee announced its antitrust probe into the four tech giants in June last year.

Last month, the committee sent letters to technology giants Apple, Facebook, Amazon and Alphabet (Google's parent company), asking them to confirm if their chief executives will testify as part of the committee's tech competition investigation.

Committee chair David Cicilline said the documents that the investigators sought were "essential" to the probe and that requests like this were part of the "appropriate process" to obtain them.

"The only CEO who has expressed reservation about appearing, through a representative, has been Amazon," Cicilline said. "No one in this country is above the law ... nobody is above answering a congressional subpoena".

The lawmakers want the tech giants to furnish documents that have been produced in relation to other competition probes and internal communications.

The letters that the committee sent also posed questions related to possible harms to competition in the market.

In addition to the antitrust probe, Apple's App Store policies are also facing scrutiny from the US Department of Justice.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 12,2020

London, May 12: British Prime Minister Boris Johnson has warned that a mass vaccine for the novel coronavirus may be over a year away and, in the worst-case scenario, may in fact never be found.

In his foreword to the government’s new 50-page guidance on a step by step easing of the lockdown measures in place to control the spread of the deadly virus, the UK prime minister lays out plans for businesses to gradually start reopening with “COVID-19 Secure” measures of social distancing and for the public to use “good solid British common sense” as the economy is unlocked.

“A mass vaccine or treatment may be more than a year away,” said Johnson, highlighting the work being done in the UK by scientists at Oxford University and Imperial College London towards this mission.

“Indeed, in a worst-case scenario, we may never find a vaccine. So our plan must countenance a situation where we are in this, together, for the long haul, even while doing all we can to avoid that outcome,” he said.

Admitting that a vaccine or drug-based treatment is the only “feasible long-term solution”, he said the UK has accelerated this with “promising” vaccine development programmes and a collaboration between Oxford University and pharma major AstraZeneca was a vital step that could help rapidly advance the manufacture of a Covid-19 vaccine when it is ready.

As part of global efforts, he flagged the GBP 388 million in aid funding for research into vaccines, tests and treatment, including GBP 250m to the Coalition for Epidemic Preparedness Innovations.

“But while we hope for a breakthrough, hope is not a plan,” he said, as he unveiled his plan for starting to lift lockdown restrictions from this week in phases.

Following a televised address to the nation on Sunday night and a statement in Parliament on Monday, the guidance comes into effect in public life across England from Wednesday when people will be allowed one-to-one contact with people other than those they live with, as long as they remain outside and two metres apart.

They are allowed to play sport with a friend or family member from outside their household or socialise with them in the open air for the first time in more than six weeks since the lockdown was imposed.

People are still advised to work from home where possible but start heading into work where necessary, in sectors such as construction and manufacturing, keeping the social distancing norms in place.

Under the step by step plan, by the start of next month non-essential shops will also reopen, with some hairdressers, pubs and cinemas to follow from July. However, as part of a Covid-19 Alert System, if infection rates are seen to be rising again, restrictions would be tightened “possibly at short notice”.

Fines for breaching the new rules will also be increased to GBP 100 and will double for each repeat offence, up to a maximum of GBP 3,200.

Johnson said: "I must ask the country to be patient with a continued disruption to our normal way of life, but to be relentless in pursuing our mission to build the systems we need. The worst possible outcome would be a return to the virus being out of control – with the cost to human life, and – through the inevitable re-imposition of severe restrictions – the cost to the economy. We must stay alert, control the virus, and in doing so, save lives.

“Then, as vaccines and treatment become available, we will move to another new phase, where we will learn to live with Covid-19 for the longer term without it dominating our lives.”

The devolved administrations of Scotland and Wales are putting their own measures in place and keeping the “stay at home” message in place, rather than switch to the new “stay alert” message.

The UK government’s latest messaging has come under attack from the Opposition and other sections of society over a feared lack of clarity for the general public.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.