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India govt’s extradition efforts yield limited results in 2021

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3 years ago

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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.

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Crime

RG Kar victim’s parents yet to secure death certificate even after six months

Published

1 day ago

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February 22, 2025

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Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.

The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.

The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.

According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.

On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.

The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.

They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?

Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.

Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.

It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.

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Crime

Ten persons arrested for attack on Congress MP, says Assam CM

Published

2 days ago

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February 21, 2025

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Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.

Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”

He also mentioned that the actions will be taken as per the law.

The Dhubri MP was attacked while attending a public programme in the Nagaon district.

The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.

In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.

In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.

The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.

Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.

Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”

“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.

The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.

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Crime

New India Co-operative Bank Scam: EOW Arrests Former CEO Abhimanyu Bhoan

Published

2 days ago

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February 21, 2025

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Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.

The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.

The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.

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