Crime
India govt’s extradition efforts yield limited results in 2021
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
Mumbai Crime: DRI Arrests 2 Passengers For Allegedly Smuggling Diamonds Worth ₹5.70 Crore To Bangkok At CSMIA

Mumbai: The officers of the Directorate of Revenue Intelligence (DRI) arrested two persons for allegedly attempting to smuggle diamonds worth Rs 5.70 crore to Bangkok.
Those arrested have been identified as Tamil Nadu residents Imthiyas Mohamed Marsuk (28) and Saibu Alikhan Sheik (31).
According to DRI sources, specific intelligence was received that two passengers, Imthiyas Mohamed Marsuk and Saibu Alikhan Sheik, flying from Mumbai to Bangkok on Monday, would attempt to smuggle a huge quantity of diamonds out of India. They were intercepted near the departure gate.
They informed the officials that they had concealed some packages in their body. During the X-ray of the passengers, some images were seen which confirmed the concealment of some egg-shaped items in their body. After that, the passengers were asked to remove the packages from their body, which they obliged and removed one by one from their rectum.
Total four egg-shaped capsules were recovered from the passengers and, on further questioning by the officers, both passengers stated that the packages contained precious stones and diamonds.
They further informed that no declaration had been made to Customs regarding the said stones purported to be diamonds and that they were not carrying any valid documents relating to their purchase, possession, and export permission.
The said capsules were carefully cut, and 20 transparent pouches with different markings containing transparent glass-like stones purported to be diamonds were found in the said 20 pouches.
“Both the passengers claimed that the said diamonds were handed over by one unknown person in Mumbai (at the behest of the mastermind) for transportation to Bangkok in lieu of Rs 15,000 each. They admitted to being part of the same smuggling syndicate as carriers,” said a DRI source.
“In the ongoing investigation, more pieces of evidence are being gathered, and the same need to be investigated. Other key members of the syndicate are yet to be apprehended, and all-out efforts are being made in this regard. Further, sources for the purchase of the diamonds are yet to be investigated. The ongoing investigation is crucial to dismantling this international smuggling network and we are gathering additional evidence to identify and apprehend other key members of the syndicate, which could have far-reaching implications for international security and economic stability,” the officer added.
Crime
Powai Police Arrest 2 In Karjat Fake Resort Booking Scam; Merchant Navy Officer Duped Of ₹12,000

Mumbai: The Powai police have arrested two men from Pimpri-Chinchwad and Beed district for their alleged involvement in a fake hotel and resort booking scam in which a 53-year-old Powai resident was cheated of Rs 12,000 while attempting to book a resort in Karjat in January.
The police said that the accused were identified as Kunal Gaikwad (21), a college dropout from Pimpri-Chinchwad, and Datta Kedar (23), a graduate from Beed.
According to police, the duo provided their bank account and SIM card to the cyber fraud racket, which used them to carry out the scam. Gaikwad was arrested on May 5, while Kedar was arrested on March 25.
Police said the complainant, who works in the Merchant Navy, came across a fake website of Urivergate Resort while searching online for accommodation.
After contacting the number listed on the website, he was asked to pay an advance of Rs 12,000 for booking two rooms. The accused allegedly sent a Google Pay QR code through WhatsApp, and the amount was transferred to an account linked to “Kunal Confectionery.”
Investigators tracked the QR code, SIM details and bank account to trace the accused. Police said two more persons involved in the racket are absconding. Both arrested accused are in judicial custody after their bail pleas were rejected.
Crime
EOW Files C Summary Report In Esplanade Court In ₹122.85 Crore Solar Krishi Urja Vahini 2.0 Tender Fraud Case

Mumbai: The Economic Offences Wing Mumbai has filed a C Summary report before the Esplanade Court in one of the FIR registered in connection with the alleged ₹122.85 crore fraud related to the Solar Krishi Urja Vahini 2.0 tender process. The EOW had earlier registered four separate cases against several companies and their directors for allegedly cheating the Maharashtra government by submitting forged bank guarantees to secure contracts under the scheme.
The case had initially been registered at Nirmal Nagar Police Station following allegations that officials and private companies colluded to commit large-scale corruption in the tender process. The investigation was later transferred to the Economic Offences Wing.
According to officials, the alleged scam involving nearly ₹125 crore came to light in this year, after it was discovered that forged bank guarantees and fabricated documents were allegedly used to obtain government contracts under the Solar Krishi Urja Vahini 2.0 scheme. Four separate FIRs were subsequently registered at Nirmal Nagar Police Station in February.
One of the FIRs was registered against Onix Renewable Limited, Onix IPP Pvt Ltd, Divyesh M. Savaliya, Richee Bansal, Kashyap Patel, and Rahul Panhale. However, the EOW has now submitted a C Summary report before the Esplanade Court in connection with this particular case.
Investigators have alleged that Rahul Panhale, Assistant General Manager in the Renewable Energy Department of Maharashtra State Electricity Distribution Company Limited (MSEDCL), knowingly accepted forged bank guarantees and other fake documents as genuine and helped the accused companies secure government contracts. Officials further alleged that Panhale, along with other accused persons, caused a loss of nearly ₹125 crore to the state government through similar fraudulent practices involving multiple companies.
Police sources said that during the probe into an earlier ₹100 crore corruption case transferred to the EOW in January, investigators uncovered evidence suggesting that Panhale had allegedly extended similar assistance to several other companies, resulting in further financial losses to the government.
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