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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

Bihar MLC election: Three FIRs filed against Anant Singh, Jan Suraaj candidate Anuj Singh

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Amid campaigning for the biennial elections for eight MLC seats on October 23 in Bihar, police have registered three FIRs in connection with alleged violation of election rules during a roadshow in the Mokama Assembly constituency of Patna district.

The roadshow was held on Sunday. The cases have been registered against local MLA Anant Singh and Jan Suraaj candidate Anuj Singh, according to police sources.

Of the three cases, two were registered at Barh police station and one at Mokama police station in Patna district.

The police are investigating the alleged violations and examining the circumstances surrounding the roadshow.

According to police sources, the action followed complaints of violations of the Model Code of Conduct and other applicable regulations during the Member of Legislative Council (MLC) election-related event.

The allegations concern compliance with rules governing political roadshows and public campaigning.

However, the specific allegations against each leader and the legal sections invoked in the FIRs have not yet been independently confirmed.

The registration of the cases has triggered political discussions in the Mokama and Barh areas, where election-related activities have intensified.

During the MLC election period, candidates and political parties are required to comply with the Model Code of Conduct and applicable rules governing public meetings, roadshows, permissions and traffic management.

Authorities can initiate legal action when alleged violations are reported.

However, the filing of an FIR does not establish guilt. The allegations against Anant Singh and Anuj Singh will be subject to investigation and the due process of law.

Police said further action would be taken on the basis of the evidence collected and the findings of the investigation.

Additional details are awaited.

Anant Singh, the JD(U) MLA from Mokama in Patna district, has openly extended his support to Jan Suraaj candidate Anuj Singh and is campaigning against his own party’s official nominee, Neeraj Kumar, in the upcoming MLC election.

Anant Singh said his decision to support Anuj Singh stemmed from a personal dispute with Neeraj Kumar. He clarified that his move had nothing to do with his political relationship with the JD(U).

The election for eight Legislative Council seats is scheduled to be held on October 23, with counting of votes and announcement of results set for October 27.

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Crime

Odisha: Jharsuguda police arrest wanted criminal after exchange of fire

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The police on Monday apprehended a dreaded criminal following an exchange of fire in the Amdarah forest under the Orient police station area in Odisha Jharsuguda district, said a senior police official.

The Jharsuguda police also informed the media that the incident took place early Monday morning. The notorious criminal was identified as Bunty Prasad, a resident in the Hanuman Nagar area under the limits of the Orient Police Station of Jharsuguda.

Bunty has reportedly been evading law enforcement and is allegedly wanted in connection with 17 pending serious criminal cases, including attempted murder and Arms Act cases registered at Brajrajnagar and Orient police stations.

According to police, a special team from the Orient police station received reliable intelligence at around 6:00 a.m. indicating that the wanted criminal was hiding out in the dense cover of the Amdarah forest.

“Acting swiftly on the tip-off, the police personnel cordoned off the perimeter and launched a meticulous combing operation. Trapped and realising he was cornered, Bunty Prasad attempted to shoot his way out, opening sudden fire on the advancing police party,” the police official added.

Exercising restraint and acting strictly in self-defence, the police team returned controlled fire. During the exchange, a bullet struck Bunty in his left leg, causing him to fall to the ground. The police overpowered and arrested him immediately at the scene. An illegal firearm was also recovered from his possession, and his motorcycle was seized by the police.

Bunty was first rushed to the Khaliakani Community Health Centre for initial medical attention and was later shifted to the Jharsuguda District Headquarters Hospital (DHH) for further treatment.

In a separate case, the Brajarajnagar police of Jharsuguda district also arrested another notorious criminal and seized two country-made pistols and some ammunition following a raid on Monday.

Odisha Police have launched a special drive to arrest habitual offenders and criminals to avoid incidents of violence during the ongoing festive season.

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Crime

Tiger Shroff firing case: 3 suspects held in Rajasthan’s Kota planned to flee to Nepal, say police

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The Kota City Police in Rajasthan have made a major breakthrough in the firing incident involving Bollywood actor Tiger Shroff in Mumbai by apprehending three suspects, including a minor, at Kota railway station. According to Kota Superintendent of Police (SP) Tejaswani Gautam, preliminary questioning has revealed that the suspects planned to travel to Delhi before fleeing to Nepal.

Acting on intelligence that the suspects were travelling to Kota aboard the Pune-Jaipur Express, a police team surrounded and searched the train. The operation was completed in approximately 15 minutes, following which all three suspects were taken into custody.

The arrested suspects have been identified as Rehan alias Sukka, a resident of Sonipat in Haryana; Hrithik Kurmi alias Roshan, a resident of Begusarai in Bihar; and a minor.

According to the SP, Hrithik had been living in Mumbai for the past few years.

SP Gautam said preliminary questioning indicated that Rehan alias Sukka was in contact with Anil Pandit, who is reportedly linked to the Lawrence Bishnoi gang. Police are investigating whether this connection had any role in the firing incident.

The weapon allegedly used in the shooting has not yet been recovered. Investigators will question the suspects further to establish where the weapon was taken after the incident and identify others who may have been involved.

A team from the Mumbai Police has reached Kota, and the process of handing over the suspects to the Mumbai Police is underway.

The incident took place on Sunday at around 7 p.m., when Tiger Shroff was returning by car from a football ground in Mumbai’s Juhu area.

According to the police, the assailants fired at the vehicle with a pistol, injuring the driver. Another person present at the scene was also hit by a bullet.

A Mumbai Police official said Tiger Shroff managed to lean forward when the shots were fired, helping him avoid a direct hit. However, he sustained an injury from a fragment of shattered glass. The investigation is continuing to establish the motive behind the attack, trace the weapon used in the shooting and determine the possible involvement of other individuals.

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