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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

BSF recovers pistol, drugs dropped by Pak drones in Punjab’s Amritsar

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Chandigarh, Jan 10: The Border Security Force (BSF) on Friday said it has recovered a pistol and heroin dropped by Pakistani drones along the border fence in Punjab.

The BSF said that in two operations, the troops achieved significant success in thwarting cross-border smuggling attempts involving Pakistani drones.

In the first operation, a packet of heroin weighing 520 grams, dropped by a Pakistani drone, was recovered from Khanwal village in Amritsar District.

In the second operation, a PX5 Storm pistol 30 bore along with an empty magazine was recovered from a farming field ahead of the border fence near Rajatal village, also in Amritsar district.

These recoveries highlight the BSF’s prompt action and the alertness of its troops in foiling such smuggling attempts, ensuring the security of the nation, the paramilitary force added.

In 2024, the BSF Punjab Frontier, as a border guarding force, recovered 294 drones, a substantial increase from 107 drones in 2023. Additionally, approximately 283 kg of heroin was seized, four Pakistani intruders were neutralized, and 161 Indian smugglers along with 30 Pakistani nationals were apprehended from the border.

Beyond operational successes, the BSF Punjab also undertook numerous civic action programmes, including medical camps, blood donation camps, pre-recruitment training for defence forces and public outreach initiatives, all of which received widespread acknowledgement and support from the local population.

The year 2024 has been exceptional for the BSF Punjab Frontier, showcasing remarkable achievements in securing the nation’s borders.

With strengthened surveillance and determined efforts against smuggling and drone threats, the BSF Punjab remains steadfast in its commitment to safeguarding the nation against all the threats and challenges, said the officials.

Punjab shares a 553-km barbed-wire fenced international border with Pakistan which is under the vigil of the BSF Punjab. The drug network operates along the Afghanistan-Pakistan-India route.

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Business

Torres Jewellery Scam: EOW Raids Uncover ₹3 Crore In Cash, Arrests Three In Multi-Crore Fraud

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Mumbai: The Mumbai Police’s Economic Offences Wing (EOW) conducted raids at six locations as part of its investigation into the multi-crore fraud involving Torres Company. The raids targeted the company’s offices in Dadar, Lower Parel, and Opera House, along with the residences of three accused individuals in Colaba, Umerkhadi (Dongri), and Dombivli.

During the operation, the EOW seized ₹3 crore in cash from the company’s offices and the residences of the accused. The cash was counted using two specialized machines. Several crucial documents were also recovered. Confirming the action, a senior EOW official identified the arrested individuals as Tania Casatova (Uzbekistan) from Colaba, Valentina Ganesh Kumar (Russia) from Dombivli, and Sarvesh Surve from Umerkhadi.

According to EOW sources, absconding accused Mohammed Tausif Riaz, alias John Carter, has submitted a 182-page report. The report alleges that the same individuals behind the Torres fraud were also responsible for the 2019 B2B jewelry scam in Ukraine and Russia. This report, shared with other agencies, is currently under scrutiny.

The investigation revealed that foreign suspects, including Valentina Kumar, Tania Casatova, and Victoria Kovalenko, used fake identification documents to purchase Indian SIM cards, reportedly paying over ₹12,000 for each. The SIM cards were allegedly procured from Nepal. Two of these suspects have been arrested.

The EOW suspects that Torres Company operated a Ponzi scheme under the guise of a jewelry business. Evidence of tax evasion and money laundering has emerged. Arrested suspect Sarvesh Surve claimed he was a director and shareholder but denied involvement in the company’s operations. This claim is under investigation.

Fraud Scope and Online Activities:

The EOW is also examining Torres Company’s Instagram account, where misleading posts and videos continue to lure victims. The Cyber Cell is aiding in identifying the locations and individuals responsible for these activities. Three bank accounts linked to Torres Company have been frozen, with further efforts underway to seize additional assets.

Official estimates currently place the fraud at ₹23 crore. However, authorities suspect it could exceed ₹1,000 crore, given the increasing number of complaints.

Complaints and Seizures

DCP Sangramsingh Nishandar (EOW) confirmed that more than 350 complaint forms have been received so far. “Cash exceeding ₹3 crore, silver, stones, investment papers, and other valuables have been seized. Over 15 luxury cars were delivered to customers, with five more bookings still pending,” he stated, emphasizing that the investigation is ongoing.

A Look-Out Circular (LOC) has been issued against Victoria Kovalenko (38), a resident of Ukraine, and Mohammed Tausif Riyaz alias John Carter (33), a resident of Mumbai.

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Business

Torres Jewellery Scam: MBVV Police Freeze ₹9.51 Crore Deposited In 2 Bank Accounts, 76 Victims File Complaints

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Mira Bhayandar: In a significant development in the Torres Jewellery Investment Scam, the Mira Bhayandar-Vasai Virar (MBVV) police have managed to freeze Rs 9.51 crore which was parked by the management of the jewellery firm in two bank accounts. While one bank account had Rs 1.77 crore, the other had a balance of Rs 7.74 crore.

“So far 76 people who have lost around Rs 1.7 crore to the evil designs of the scammers have come forward to register their complaints at the Navghar police station in Bhayandar. Funds amounting Rs 9.51 crore which were parked in two bank accounts of the firm have been freezed.” informed DCP (Zone I)- Prakash Gaikwad who has appealed to other investors to come forward and register their complaints.

According to the FIR registered at the Navghar police station four people including – Sarvesh Ashok Surve, Victoria Kowalenko, Olena Stoen (both Ukrainian Nationals) and Imran Javed have been booked under the relevant sections of the Bharatiya Nyay Sanhita (BNS) and provisions of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.

However, former CEO of the firm Tausif Riyaz has claimed that he and Surve were actually the whistle-blowers who reportedly flagged the suspected fraud to relevant agencies and also sent a letter to the prime minister. The scam is expected to run into 1,000 crore.

The firm- Torres which boasted of being one of the largest jewellery houses in India was headquartered in Dadar having a chain of grand showrooms housed in rented spaces in areas including- Grant Road, Navi-Mumbai, Kalyan and Mira Road.

To the shock of investors in Mira Road, the establishment which was operational till Sunday (5, January) never opened on Monday. People thronged the showroom in Mira Road after learning that they had been scammed. All other branches and the headquarters in Dadar had simultaneously closed down, leaving the investors in lurch.

As per their modus-operandi, the scamsters lured investors by floating a fake scheme envisaging purchase of moissanite stones and gems with an assured 11 percent weekly cashback on the purchase value for the next one year (52 weeks).

A person investing Rs 1 lakh was assured Rs 11,000 a weekly cash back for next 52 weeks which translated into a whopping 400 percent profit amounting Rs 5.72 lakh in a year.

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