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India govt’s extradition efforts yield limited results in 2021

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As 2021 draws to a close, the Narendra Modi governments efforts to extradite Indian businessmen from Britain for alleged fraud against Indian banks are yet to materialise.

The failed deportation of Lieutenant (Retd) Ravi Shankaran, who was accused of stealing and selling classified information from the Indian Navy’s war room, was not appealed against.

Vijay Mallya, chairman of the now closed Kingfisher Airlines, who was ordered to be extradited by the British judiciary in 2019, is yet to be sent to India. Similarly, diamantaire Nirav Modi continues to fight a legal battle to avoid deportation. Unlike Mallya, though, he has been held in custody at south London’s Wandworth prison since his arrest in 2019.

India and the UK had signed an extradition treaty in 1992. This was ratified the following year and has been in force since. Yet, only two individuals – one of them voluntarily – have been returned to India.

British solicitors Gherson’s comment is: “Chief among these bars to extradition has been the (UK) Court’s obligation to ensure that extradition would be incompatible with the rights of an individual under the European Convention on Human Rights, codified in English law with the passing of the Human Rights Act, 1998.”

London’s Westminster Magistrates’ Court had ordered Mallya’s extradition and this was upheld by the High Court of England. Gherson observes: “It has been widely reported that Mallya has, however, lodged an asylum claim, which has resulted in the extradition request being put on hold for the time being.”

The High Court of England, which earlier this year declared Mallya bankrupt at the instance of creditor Indian banks, will hear an appeal from him on the matter in the New Year.

Legal circles in the British capital believe he is bound to bring to the notice of the court that assets seized from him by Indian investigators have been sold and money owed to the banks have been received by them.

On July 26 last, Mallya had tweeted: “ED attached my assets worth (Rs) 14K crore at behest of Govt Banks against debt of (Rs) 6.2K crore. They restore assets to Banks who recover (Rs) 9K crore in cash and retain security over (Rs) 5K crore more. Banks ask Court to make me Bankrupt as they may have to return money to the ED. Incredible.”

Three days later, he posted on Twitter an Indian newspaper clipping which reported: “IDBI Bank said that it has recovered the entire dues pertaining to Kingfisher Airlines, which helped the lender report a 318 per cent jump in net profit for the quarter ended June 2021.”

In effect, the same court, which in a ruling prior to the bankruptcy order had expressed confidence that Mallya would be able to settle his debt, may now need to take into account the fact that the banks have actually recovered their lending. In other words, if it reverses its judgement, this could potentially have an impact on the extradition verdict as well.

Gherson points out the conclusion of the judge at the Westminster Court was based on the Indian government contending that loans from Indian banks “were premised on a conspiracy to commit fraud by way of fraudulent misrepresentation”.

The fact is, Indian investigators have failed to establish a case in this respect against the then chairman and senior executives of IDBI Bank, who were named as being co-conspirators with Mallya.

Nirav Modi, who too was ordered to be extradited, appealed against this on the grounds that his mental health is such that he is a suicide risk. This was heard on December 14 last. “He is at high risk of suicide already and his condition is likely to deteriorate further in Mumbai,” Modi’s barrister Edward Fitzgerald argued.

If Nirav Modi loses his appeal, he could still seek reviews at either the UK’s Supreme Court, or the European Court of Human Rights. Mallya did not exercise these options.

Significantly, the cases against them were registered when Britain was still a member state of the European Union (EU) and came under EU laws.

In chasing high-profile, headline-making alleged fugitives for justice, the Government of India may have neglected the serious issue of pilferage of sensitive documents from the Indian Navy’s war room by Shankaran.

The extradition request in this connection was rejected by the High Court of England in 2014. If there was no scope of an appeal, this does not appear to have been adequately explained. One newspaper claimed Shankaran earned a whopping sum from selling the stolen papers to armaments firms and dealers. The accused, said to be residing in London, could not be reached for a comment.

Crime

Badlapur Rape Accused Akshay Shinde’s Family Terms His Death As Planned Encounter; ‘They Killed Him,’ Says Grieving Mother

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Badlapur Rape Accused Akshay Shinde's Family Terms His Death As Planned Encounter; 'They Killed Him,' Says Grieving Mother

Mumbai: The death of Akshay Shinde, man accused of sexual assault of two minors, while in police custody has triggered a political controversy in Maharashtra. Shinde, who had been working as a sweeper at a Badlapur school, was accused of sexually assaulting two minor students. His death occurred near the Mumbra Bypass while he was being transferred from Taloja jail to Badlapur for further investigation on September 23.

The Maharashtra government claims police acted in self-defence, but Shinde’s family alleges foul play, calling it an ‘encounter’ and demanding justice. Meanwhile, opposition parties are calling for a judicial probe.

Allegations By Akshay Shinde’s Family

Following the incident, Shinde’s body was taken to JJ Hospital for a post-mortem. Outside the hospital, his mother and uncle voiced their suspicions, claiming that the police had beaten him in custody and coerced him into writing something unknown. “They killed him,” his grieving mother reportedly said while speaking to the reporters.

They questioned how he could have snatched a policeman’s gun and opened fire, stating that Shinde, who feared simple things like bursting crackers and crossing roads, could not have committed such an act. His mother also revealed that he had sent a chit asking for money, adding to their belief that something was amiss.

Thane police commissioner Ashutosh Dumbre has established an eight-member inquiry committee to investigate the incident. The panel, led by Additional Police Commissioner Punjabrao Ugle, includes several deputy and assistant commissioners of police, as well as police inspectors. The inquiry will examine the circumstances leading to Shinde’s death, with a focus on the police’s claim of self-defence.

What Exactly Happened?

According to the police version, Shinde allegedly grabbed a policeman’s gun while being transported and shot at an assistant police inspector. In response, another officer fired at him, resulting in Shinde’s death at Kalwa civil hospital. The police had been transporting him as part of a probe related to allegations made by his ex-wife, who had accused him of sexual violence.

Family Terms Death As ‘Planned Encounter’

Shinde’s family, however, maintains that his death was a planned encounter. His mother insisted that her son was innocent and incapable of the violence described by the police, adding, “He didn’t even know how to drive a car, how could he fire such a big gun?” She demanded that those responsible for his death be punished.

Maharashtra Chief Minister Eknath Shinde and Deputy CM Devendra Fadnavis have supported the police’s account, stating that officers acted in self-defence after Shinde fired at them. Fadnavis, who also holds the home ministry portfolio, dismissed opposition criticism, stating that it was wrong to question the police when they were trying to save lives.

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Crime

Maharashtra: 16-Year-Old Girl Gangraped By 2 Men In Nalasopara; 1 Arrested

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Mumbai: Police have arrested one person and are searching for another suspect who is on the run after the pair allegedly gangraped a 16-year-old girl and blackmailed her by threatening to release a video if she approached the police.

The incident took place in Palghar district’s Nalasopara neighbourhood.

Case Filed Against The Two Men

The Achole Police Station has filed a case against two men, accusing them of violating several provisions of the BNS as well as the Protection Of Children from Sexual Offences Act (POCSO) Act, based on the survivor’s statement. While police are looking for Jian, the other accused, 23-year-old Anees Shaikh, has been arrested.

About The Incident

According to the police, the girl a resident of Malad had met accused Shaikh, through social media in August and befriended him. According to her statement to police on September 2, Shaikh called her to Nalasopara for a tuition class. When the girl went to meet him, Shaikh took her to a lodge and allegedly raped her.

On September 5, Anees invited her again and, along with Jian, took her on a bike to a lodge in Arnala. There, Anees allegedly raped her again, and Jian recorded the incident on video while also physically assaulting her. According to the police officials, the accused used it to blackmail her to keep quiet about the incident. He reportedly said, “If you tell anyone about this, then it will be bad.”

The minor later filed a complaint at the Arnala Sagar Police Station. Although the first incident occurred within the Achole Police Station’s jurisdiction, Arnala Sagar Police Station registered the case and transferred it to the Achole Police Station.

Police said they are continuing their investigation and are working to apprehend the second accused, Jian.

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Crime

Badlapur Case: Badlapur school incident accused Akshay Shinde shot himself with revolver

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Mumbai: Badlapur incident accused Akshay Shinde has attempted suicide. The accused tried to commit suicide by taking the police revolver. A police officer has been injured in this incident. Akshay Shinde’s condition is said to be critical. The police have not yet given any information in this regard. The accused was accused of sexually exploiting minor girls in school. At present the police has admitted him to the hospital. It is said that this incident happened when the police was bringing him from Taloja jail to Badlapur.

When, how, what happened?
Apart from rape in school in Badlapur, two other cases of rape were also registered against Akshay Shinde. In this regard, the police had obtained his custody from the court. The incident occurred when he was being taken back from jail to police custody. While being taken for transit remand, Akshay snatched the revolver of the officer sitting next to him and shot himself. According to the latest information, Akshay’s condition is said to be critical.

Allegation of sexual exploitation of girls
Akshay Shinde is accused of sexually exploiting two nursery girls in the school. After being arrested in the Badlapur school case, Akshay Shinde’s wife has filed a case against him. After this case, it was revealed that 26 year old Akshay Shinde had married three times. When no action was taken in this matter, people of Badlapur, Thane demonstrated at the station. After this the government came into action. SIT is investigating this matter. Not only this, the hearing of this case is also going on in Bombay High Court after suo motu cognizance.

Akshay Shinde had confessed to the crime
Akshay Shinde, accused in the Badlapur sexual assault case, had confessed to his crime in front of the doctor during the medical examination. This is mentioned in the charge sheet filed by the police.

In the month of August, a case of sexual exploitation of two girls studying in a school in Badlapur came to light. The investigation of the SIT formed in this case has been completed. Akshan’s wife has accused him of trying to have unnatural sex.

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