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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

Maharashtra: Five arrested for kidnapping, assaulting man over Rs 2 lakh debt

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Mumbai, June 13: Police in Maharashtra’s Dongri arrested five accused within 24 hours of registering a case involving the alleged kidnapping, wrongful confinement, assault, and humiliation of a 33-year-old man over a financial dispute.

According to the police, the victim, identified as Sachin Ranpise (33), was held captive, threatened, and subjected to severe mental and physical torture over a loan of Rs 2 lakh. The victim was allegedly denied food and water for nearly 48 hours, beaten with a belt, and paraded naked as part of the abuse.

The incident took place in Mumbai’s Dongri area, where the victim was allegedly held hostage and tortured following a dispute related to the repayment of the loan.

Police said that Sachin had borrowed Rs 2 lakh from one of the accused some time ago. Due to financial difficulties, he was unable to repay the amount on time and had requested an extension. However, the accused allegedly insisted on immediate repayment and subsequently conspired to kidnap and torture him.

According to the complaint, Sachin was forcibly confined in Room No. 104 of the MM Residency Lodge, located near Baba Dargah in Dongri, between June 8 and June 10. During this period, he was allegedly deprived of food and water. The accused reportedly assaulted him repeatedly with a leather belt, causing injuries to his head, arms and back.

The complaint further stated that the accused subjected him to extreme humiliation by stripping him naked and forcing him to walk through the lodge corridor.

On June 11, the victim managed to escape and reached the Dongri Police Station, where he narrated his ordeal. Acting on his complaint and under the guidance of senior officers, the Crime Detection Team immediately launched an investigation.

Although the initial examination of CCTV footage did not provide conclusive evidence, the police, with the help of local intelligence inputs, traced the accused and laid a trap in the Mazgaon area. All five accused were subsequently apprehended.

The arrested individuals have been identified as Abdullah Shaukat Bhusari (21), Junaid Qaymuddin Khan (26), Mohammad Saad Pathan (26), Arafat Hasham Khanani (24), and Sahil Shaikh (25).

Police have also recovered items allegedly used in the commission of the crime from the accused.

Further investigation into the case is underway.

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Crime

KEM Hospital student Sejal Pawar submits written apology after viral remarks on cadavers

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Mumbai, June 12: Sejal Pawar, a medical student at Mumbai’s King Edward Memorial (KEM) Hospital, has submitted a written apology to the institution after a video of her making controversial remarks about cadavers went viral on social media, triggering widespread criticism and legal action.

Hospital sources said senior doctors were deeply upset by Pawar’s comments, particularly because cadavers are voluntarily donated for medical education and are regarded with the utmost respect by the medical fraternity.

According to hospital authorities, Pawar has not been suspended, and no disciplinary action, such as suspension, has been taken against her so far. However, officials indicated that while the institution does not intend to be excessively harsh, it will deal with the matter seriously.

The senior doctors of the hospital have told her that her statement on social media has hurt them a lot, sources said, adding that the issue concerns the dignity accorded to body donors who make medical education possible.

Pawar, who hails from Pune, came under intense scrutiny after a video clip from a public programme went viral online. In the clip, she allegedly made objectionable remarks related to the private parts of cadavers while discussing a sensitive medical education topic in a light-hearted manner.

The controversy prompted strong backlash on social media and led to the registration of an FIR against her. Maharashtra Cyber Police has also initiated action in the matter.

Taking cognisance of the incident, KEM Hospital ordered an internal inquiry and constituted a committee to examine the issue. The hospital administration directed the panel to submit its report at the earliest.

Amid mounting criticism and institutional scrutiny, earlier, Pawar issued a public apology through a detailed post on Instagram.

“Recently, a video clip of mine has gone viral on social media. After watching the video again, I realised how much my words hurt people’s sentiments,” she said in a video post.

She acknowledged that the subject she spoke about was highly sensitive and said she never intended to offend anyone.

“I am not going to justify it, never going to take the wrong side. I wanted to come here and make a public apology. I take full responsibility for my mistake,” she said.

Calling the episode a major learning experience, Pawar added that as a student, she had learned an important lesson and would ensure that such an incident is never repeated in the future.

The hospital’s inquiry report is awaited, while authorities continue to examine the circumstances surrounding the viral video and its impact on public sentiment and medical ethics.

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Crime

Woman arrested at Mumbai airport for smuggling drugs worth Rs 11.82 crore from Bangkok

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Mumbai, June 12: In a major anti-narcotics operation, the Customs Department has arrested a 28-year-old woman at Mumbai’s Chhatrapati Shivaji Maharaj International Airport for allegedly attempting to smuggle a large quantity of hydroponic weed into the country. The seized contraband, weighing more than 11 kg, is estimated to be worth Rs 11.82 crore in the international market.

According to Customs officials, the woman arrived in Mumbai on a flight from Bangkok and came under suspicion during routine surveillance and passenger profiling. A detailed examination of her luggage led to the recovery of 12 vacuum-sealed transparent plastic packets concealed inside her trolley bag.

The packets were found to contain hydroponic weed, a high-grade form of cannabis. Officials said a total of 11.824 kg of the narcotic substance was seized during the operation. The accused, who reportedly worked as a relationship manager at a private company, was taken into custody following the recovery.

A case has been registered against her under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. She was subsequently produced before a court, which remanded her to judicial custody.

The seizure is part of a series of recent operations by Customs authorities aimed at curbing international drug trafficking through Indian airports.

Earlier, on June 8, customs officials at Delhi’s Indira Gandhi International (IGI) Airport had foiled a major narcotics smuggling attempt by seizing 15.38 kg of suspected hydroponic weed concealed inside two geysers. Acting on specific intelligence inputs and passenger profiling, officers intercepted two passengers who had arrived from Kuala Lumpur on Flight D7-182. The passengers were stopped after crossing the Green Channel, and a detailed inspection led to the recovery of the contraband.

In another significant case on May 23, Customs officials at IGI Airport had intercepted two Thai nationals arriving from Bangkok on flight AI-2356 after they crossed the Customs Green Channel. Based on profiling inputs and suspicious travel patterns, officers carried out a detailed examination of their baggage.

The inspection resulted in the recovery of six vacuum-sealed packets suspected to contain hydroponic weed. Of the total seizure, approximately 29 kg was recovered from one passenger’s baggage, while around 19 kg was recovered from the second passenger.

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