UK: Mallya trial resumes, more defence witnesses to depose

Agencies
December 11, 2017

London, Dec 11: The trial to prove a prima facie case of fraud against fugitive liquor baron Vijay Mallya resumes here today to determine if he can be extradited to India to face charges over his erstwhile Kingfisher Airlines.

The 61-year-old will be back in the dock at Westminster Magistrates' Court in London for day four of the hearing when his defence led by barrister Clare Montgomery, is set to depose two further witnesses in its attempt to prove that the airline's alleged default of around Rs 9,000 crore worth of bank loans was the result of business failure rather than "dishonest" and "fraudulent" activity by its owner.

Meanwhile, it has emerged that the businessman is also facing a parallel litigation in the Queen's Bench Division of the commercial court in England's High Court of Justice brought by a consortium of Indian banks to freeze his global assets.

The 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 are listed as applicants of that claim against Mallya and related concerns named as Ladywalk LLP, Rose Capital Ventures Ltd and Orange India Holdings.

Lawyers for Mallya have been granted an extension to respond to that case due to his ongoing extradition trial, expected to conclude on Thursday.

Margaret Sweeney, from the accounts team of Force India - Mallya's Formula 1 racing team, and legal expert Martin Lau are set to be deposed by his defence team at the extradition hearing today.

Judge Emma Arbuthnot will hear the case over some "interruptions" as Uber's appeal against the cancellation of its operating license in London is expected to open in the same court today.

Last week, the defence claimed that a consortium of Indian banks led by State Bank of India (SBI) had rejected an offer by the liquor baron in early 2016 to pay back nearly 80 percent of the principal loan amount owed to them.

While deposing a banking expert last week, Mallya's counsel Montgomery questioned whether her client's offer to pay back around Rs 4,400 crores of the principal debt amount on April 6, 2016, should have been "dismissed out of hand" just a day later by the banks.

Paul Rex, who was described as a banker by profession who served as an independent expert in the field for over 20 years, said that banks tend to partially provision for loans unpaid over a long period and such an offer would have helped avoid "further loss".

"A commercial bank would assess such an offer against other routes of repayment. If that offer is higher than could be expected from other sources, it would be an attractive option for banks to consider," he said, adding that state-owned banks, in particular, tend to be more susceptible to "political pressure".

However, the Crown Prosecution Service (CPS) arguing on behalf of the Indian government countered that assertion in its cross-examination, indicating that the reason such a repayment offer would have been rejected was that the banks knew Mallya had the means to pay back the entire amount due.

There are plenty of reasons why even a state bank may take a view to reject such an offer, such as if it comes from a "dishonest" person who is known to have "plenty of money to repay" the entire amount if he wants to, CPS barrister Mark Summers stated during his cross-examination.

He also made a reference to the "debtor" (Mallya) throwing a birthday party costing around 2 million pounds as a factor which could have influenced the banks' decision to reject the offer.

The cross-examination of Rex was left incomplete at the end of the third day of the trial last Thursday, to be taken up again tomorrow afternoon.

In his cross-examination, Summers had highlighted a particular "washing machine activity" picked up by the government of India that involved sums amounting to around 10 -15 million pounds being funnelled between UB Group companies to wrongly claim obligations of equity infusions into struggling Kingfisher Airlines were being met.

Indian government sources have described its case, being presented by the CPS, as "very strong".

Mallya's legal team had claimed earlier in the trial that the case against him was "politically motivated" and that it was being used as an opportunity to make "political capital" by the ruling BJP as well as Congress and Shiv Sena.

The prosecution's case rests on "three chapters of dishonesty" by Mallya misrepresentations to various banks to acquire loans, the misuse of the loans, and his conduct after the banks recalled the loans.

Mallya, who has been based in the UK since March 2016, was arrested by Scotland Yard on an extradition warrant in April this year and has been out on bail on a bond worth 650,000 pounds.

If the judge rules in favour of extradition at the end of the trial, the UK home secretary must order Mallya's extradition within two months. However, the case can go through a series of appeals in higher UK courts before arriving at a conclusion.

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Agencies
February 5,2020

New Delhi, Feb 5: Days after a gunman opened fire in Delhi's Shaheen Bagh, the epicentre of anti-CAA movement, YouTuber Gunja Kapoor was detained at the protest site on Wednesday after she was caught covertly filming the protests in a burqa.

Kapoor runs the channel ‘Right Narrative’ on YouTube and her pinned tweet on Twitter says she is followed on the microblogging site by PM Narendra Modi.

According to police, the protesters turned suspicious after Kapoor asked them "too many questions". She was caught by some of the women protesters after they identified her as the popular YouTuber. The incident led to a commotion at Shaheen Bagh, the epicentre of protests against the Citizenship Amendment Act (CAA), a senior police official said.

She was taken to Sarita Vihar police station where her identity was ascertained, police said.

The incident sparked outrage on social media. Many took to Twitter to question why Kapoor was at the protest in disguise. Others expressed concern about her motives at secretly filming the protests.

Meanwhile, praises flew in for the women of Shaheen Bagh who can be seen defending Kapoor from angry protesters after she was caught.

This is not the first time that a right wing social media activist has landed in trouble in Shaheen Bagh where residents and other women and children have been sitting in protest for nearly two months since the passing of the contentious Citizenship Amendment Act 2019 in December last year.

In January, Deepa Sharma had posted videos online about the "traumatic" experience she had when she was allegedly heckled and harassed by Shaheen Bagh protesters. While the woman's claim could never be verified, other pieces of rampant fake news aimed at delegitimising and villainising protesters has taken social media by storm.

From doctored videos of women protesters allegedly accepting they were paid Rs 500 to attend protests to alleged fights over biriyani and anti-India sloganeering, trolls on social media seem to be working overtime to taint the ongoing protests.

The latter, however, show no signs of giving up. In fact, as Delhi nears elections on February 8, protesters have arranged for music performances by eminent artists, including pop celebrity Prateek Kuhad, till February 7.

Sit in protests take place 24x7 with women showing up in thousands to spend the night and sing songs of protest. And with polls around the corner, the protests have become an active part of political discourse with Aam Aadmi Party's Manish Sisodia expressing his support for the protesters at a recent press conference.

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Agencies
February 25,2020

New Delhi, Feb 25: Condemning the violence in Delhi, the Congress on Tuesday demanded that the Prime Minister, the Home Minister and the Chief Minister of Delhi come forward to ensure peace and maintain brotherhood while rising above partisan politics.

"This is Gandhi, Nehru, Patel's India, can any Indian accept this mindless violence? Congress appeals to the people of Delhi to maintain communal harmony and thwart all attempts of the forces dividing the country on the basis of religion," Congress' chief spokesperson Randeep Surjewala told reporters.

Unabated violence and incidents of stone-pelting and murder in the national capital have shattered the nation, he said, while referring to the riots in northeast Delhi over the Citizenship (Amendment) Act that continued for the third day, and demanded stern action against the culprits.

"Our appeal to the prime minister, the home minister and the Delhi chief minister is, can you rise to the occasion, leave aside your political partisanship and views, and become really not leaders of your parties but leaders of the society so that harmony, peace, and non-violence prevail," he said.

The Congress party will stand with the Centre and the Delhi government in every way to maintain brotherhood and harmony in the society, he said.

"Do not fail this country because you belong to different political parties," Surjewala said, adding this was a sincere appeal "on behalf of people of Delhi and the country" to Prime Minister Narendra Modi, Home Minister Amit Shah and Chief Minister Arvind Kejriwal.

"There is no place for violence in Gandhi ji's India... Today there is a need to establish peace on the ground and maintain brotherhood," he said.

Surjewala said the party also prays for the speedy recovery of DCP Amit Sharma and the hundreds of other people who have been injured in the violence.

"We also condemn the firing at three journalists Arvind Gunasekar, Saurabh Shukla and Akash and pray for their good health," he said.

"We strongly condemn these brutal riots and demand that the culprits are identified and stern action is taken against the real culprits and miscreants. The Congress mourns the death of Head Constable Ratan Lal and others in the violence," Surjewala said.

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Agencies
June 22,2020

New Delhi, Jun 22: India's COVID-19 cases per lakh people is one of the lowest in the world despite its high population density, and the recovery rate has now reached almost 56 per cent, the Union Health Ministry said on Monday.

For every one lakh population, there are 30.04 coronavirus cases in India, while the global average is over three times at 114.67, the ministry said, referring to the WHO Situation Report 153, dated June 21.

“This low figure is thus a testimony to the graded, pre-emptive and pro-active approach the Government of India along with the states and UTs took for prevention, containment and management of COVID-19," the ministry said in a statement.

Citing the WHO Situation Report, the ministry said the US has 671.24 cases per lakh population, while Germany, Spain, Brazil and the UK have 583.88, 526.22, 489.42 and 448.86 cases per lakh population, respectively.

It said Russia has 400.82 cases per lakh people, while Italy, Canada, Iran and Turkey have 393.52, 268.98, 242.82 and 223.53, respectively.

Coming back to India, as on Monday morning, the total number of coronavirus cases stood at 4,25,282 and the death toll at 13,699, according to figures issued by the ministry.

In its update issued at 8 AM Monday, the ministry said 9,440 COVID-19 patients recovered in the last 24 hours, taking the total number of recoveries to 2,37,195, a recovery rate of 55.77 per cent.

Presently, there are 1,74,387 active cases and all are under medical supervision, it said.

"The difference between the recovered patients and the active COVID-19 cases continues to widen. Today, the number of recovered patients has crossed the number of active patients by 62,808," the ministry said.

The COVID-19 testing infrastructure is continuously being ramped up and number of government labs has been increased to 723 and the private labs to 262, adding up to a total of 985, it said.

According to the Indian Council of Medical Research, a total of 69,50,493 samples have been tested up to 21 June, 1,43,267 of them just on Sunday.

On Monday, the country added 14,821 new COVID-19 cases in a single day, pushing the tally to 4,25,282, while the death toll rose to 13,699 with 445 new fatalities reported till 8 am.

The country breached the four lakh-mark on Sunday, eight days after crossing three lakh COVID-19 cases. It has recorded 2,34,747 infections since June 1.

Monday was the 11th day in a row when the country registered over 10,000 cases.

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