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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

Pune Police bust illegal injection racket linked to bodybuilding, substance abuse; 5 arrested

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Pune, July 29: Pune Police have exposed an alleged illegal network that was endangering the lives of young people in the name of fitness and bodybuilding. Acting on specific information, police arrested five individuals and seized 50 vials of Mephentermine Sulphate Injection IP (MEPHIVAN), allegedly being used for bodybuilding and intoxication purposes.

According to police, the operation was conducted at around 11:20 p.m. on July 24 on a public road near Anand Darbar on Katraj-Dattanagar Road. During the investigation, it was found that the accused were allegedly selling the injections illegally without possessing a valid drug licence or the required medical and pharmaceutical qualifications.

The arrested individuals have been identified as Atharva Indrajit Shinde (24), Avinash Shiva Balungi (22), Pradeep Jitendra Humbre (26), Piyush Ganesh Bharam (26), and Laxman Parmeshwar Mane (36).

Police officials stated that Mephentermine Sulphate Injection is a prescription medicine that should only be administered under the advice and supervision of a qualified medical practitioner. The use of such injections without proper medical consultation can result in serious health complications. Investigators alleged that the accused were preparing to sell the injections illegally to individuals seeking enhanced physical performance, muscle growth, or intoxication.

A case has been registered against the accused under the relevant provisions of the law. Authorities are now investigating the source of the injections, the possibility of a larger supply chain operating behind the racket, and the identities of the intended buyers.

Police officials said strict action would continue against individuals involved in the illegal sale and distribution of restricted or controlled drugs, particularly those exploiting the growing fitness and bodybuilding culture among the youth.

In bodybuilding, injections typically refer to the use of performance-enhancing substances, like anabolic steroids, human growth hormone (HGH), peptides, or site-enhancement oils to speed up muscle growth or change body shape. These methods carry severe medical risks and are often illegal or banned in competitive sports.

Some athletes, bodybuilders and others misuse these drugs in an attempt to enhance performance and/or improve their physical appearance.

Misuse of anabolic steroids can cause a variety of side effects ranging from mild to harmful or even life-threatening. Most side effects are reversible if you stop taking the drugs, but others may be permanent.

Nonprescription doses are often 10 to 100 times higher than the doses healthcare providers prescribe to treat medical conditions. This is why the side effects are usually more severe than the side effects of prescribed anabolic steroid use.

Potential complications include high blood pressure, blood clots, heart-related ailments such as heart attacks, stroke, and liver damage. Non-prescription doses are often significantly higher than medically recommended levels, increasing the likelihood of serious and life-threatening health consequences.

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Crime

Hyderabad Police officer suspended on allegation of sexually exploiting woman

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Hyderabad, July 29: Station House Officer (SHO) of Jubilee Hills Police Station in Hyderabad has been suspended following allegations of sexually exploiting a woman and blackmailing and threatening her.

Hyderabad Police Commissioner V.C. Sajjanar issued orders suspending Station House Officer U. Srinivasulu Reddy. An announcement to this effect was made late on Tuesday night.

Following the allegations by a 31-year-old woman from Sangareddy district, the officer was sent to the Vacancy Reserve. After the preliminary investigation, the Commissioner ordered his suspension, pending a departmental inquiry.

The woman had complained to the Director General of Police (DGP) C.V. Anand that Srinivasulu sexually assaulted her, forced her to undergo an abortion and threatened her. She also accused him of physically assaulting her.

She alleged that the SHO was blackmailing her by threatening to post her personal videos and demanding that she pay Rs 2 crore. She claimed she had paid several thousands of rupees on different occasions.

The incident dates back to 2021, when she approached Ameenpur police station over a family dispute. Srinivasulu was then serving as an inspector there. She alleged that he later contacted her regarding the case and gradually demanded sexual favours.

The woman alleged that Srinivasulu later asked her to visit his residence in KPHB and, when she refused, he threatened to come to her house. She alleged that he later sexually assaulted her at his residence. She also claimed that he took her to a hospital when she became pregnant, where she underwent an abortion.

The woman also alleged that Srinivasulu had paid Rs 25 lakh to get posted as Jubilee Hills SHO.

Reddy, who was posted as SHO of Jubilee Hills just four months ago, denied the allegations. He reportedly told senior officials that the woman threatened him and extorted money from him.

Police are likely to record the statements of both the suspended officer and the complainant as part of the investigation into the allegations.

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Crime

Karnataka MLA threatens to destroy LoP Rahul Gandhi’s family like Babri Masjid; FIR registered

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Bengaluru, July 29: Karnataka Police on Wednesday registered an FIR against BJP MLA Yashpal Suvarna after he allegedly said that Leader of the Opposition in the Lok Sabha, Rahul Gandhi’s family would be “destroyed” in the same manner as the Babri Masjid was demolished in 1992.

The FIR was registered by the Udupi Town Police Station based on a complaint filed by Ashok Kumar Kodavoor, president of the Udupi District Congress Committee. Police have invoked Sections 57, 192, 196(2), 352, 353(2), and 351(2) of the Bharatiya Nyaya Sanhita (BNS).

Addressing a public programme organised by the BJP in Udupi, Suvarna threatened the Congress leadership, stating: “If you continue to enact such dramas, just as our party workers destroyed the Babri Masjid in 1992 when our sentiments were hurt, the Congress dynasty and Rahul Gandhi’s family will likewise be destroyed.”

The remarks have triggered a major political controversy in Karnataka, with the Congress accusing the BJP of resorting to hate speech and intimidation. Video clips of the speech have since gone viral on social media, prompting demands for immediate legal action.

KPCC Working President and MLC, Manjunatha Bhandary, said the Karnataka government had taken the matter seriously and would ensure that strict action is taken in accordance with the law. He described Suvarna’s statements as “hateful, derogatory and provocative” and said they were unbecoming of a public representative who has taken an oath to uphold the Constitution.

Bhandary said that the BJP was attempting to divert attention from the NEET question paper leak controversy and the nationwide protests over the issue by targeting LoP Rahul Gandhi through personal attacks. He also criticised other BJP legislators who were present at the event for failing to condemn the remarks.

“The silence of other elected representatives present at the programme may be construed by the public as tacit support for such statements,” Bhandary said, adding that political differences cannot justify defamation, hate speech or threats.

He further stated that the remarks posed a threat to communal harmony and law and order, particularly in the coastal region, and said he would take up the matter with the State Home Minister to seek appropriate directions for expediting the investigation.

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