Mallya appeal moves forward as Nirav Modi set for UK court hearing
London: The stage is set for a busy period of Indian extradition-related activity in the UK courts as liquor baron Vijay Mallya's High Court appeal moves forward for a judge's verdict on paperwork and fugitive diamond merchant Nirav Modi returns to Westminster Magistrates' Court here for a second bail hearing on Friday.
"All the papers have been received and are now awaiting allocation to a single judge who will decide, on the basis of those papers, if permission is given to go to a full hearing," said a spokesperson for the UK judiciary, in reference to Mallya's application seeking an appeal against his extradition ordered by the magistrates' court and then signed off by UK home secretary Sajid Javid last month.
While there is no set timescale for the judge to pronounce a decision on whether Mallya will be granted an appeal in the UK High Court, a decision is likely within the next few weeks.
The 62-year-old former Kingfisher Airlines boss, wanted in India on alleged fraud and money laundering charges amounting to about Rs 9,000 crore, took to social media yet again to claim unfair treatment in the context of struggling Indian airlines Jet Airways being thrown a lifeline by public sector banks.
In her ruling at the end of his extradition trial in December last year, Chief Magistrate Emma Arbuthnot had concluded that Mallya has a case to answer in the Indian courts over substantial "misrepresentations" of his financial dealings.
"There is clear evidence of dispersal and misapplication of the loan funds and I find a prima facie case that Dr Mallya was involved in a conspiracy to launder money," she noted.
Now, the same judge is expected to preside over the next major Indian extradition trial to come before the Westminster Magistrates' Court, that of diamantaire Modi wanted for alleged "high value and sophisticated" fraud and money laundering amounting to USD 2 billion.
"He is expected to be produced before the court for a second bail application hearing on March 29," a court official said.
Meanwhile, the 48-year-old has been lodged in HMP Wandsworth prison in south-west London since last Wednesday, when a judge had declined his request for bail on the grounds that he posed a flight risk.
Describing him as the "opposite of a flight risk" during the first bail application hearing last week, Modi's defence team had offered 500,000 pounds as security and also submitted to any stringent conditions that may be imposed upon their client.
It remains to be seen how they would further bolster that offer in order to convince the judge to grant bail during the second hearing, following which the case will proceed to a series of case management hearings and setting of a trial date.
Modi was arrested by the Scotland Yard officers from a bank in central London as he attempted to open a new bank account on March 19.
During his first court appearance a day after, it emerged that the diamantaire accused of defrauding India's state-owned Punjab National Bank (PNB) via fraudulent Letters of Undertaking (LoUs) had been in possession of multiple passports, since revoked by the Indian authorities.
While one passport is now in possession of the Metropolitan Police, a second expired passport is lying with the UK Home Office and a third with the UK's Driving and Vehicle Licensing Authority (DVLA) for a driver's licence.
Besides the passports, Modi also possesses multiple residency cards, some of them expired, but covering countries such as the UAE, Singapore and Hong Kong.
His defence team tried to establish his very "visible" and "lawful" residence at his luxury Centre Point apartment in London's West End, paying his local council tax and also using a National Insurance number, allocated to legal UK residents for purposes of work.
The Crown Prosecution Service (CPS), arguing on behalf of the Indian authorities, had challenged all claims to counter the first bail plea and pointed out that Modi had "deliberately evaded justice" and not returned to India despite a series of criminal summons issued by Indian courts.
The CPS will now be joined by a joint Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) team that has arrived from India to assist with Modi's extradition case.
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Mamata visits Bhabanipur EVM strong room, warns against counting irregularities
Kolkata (PTI): West Bengal Chief Minister and TMC supremo Mamata Banerjee early Friday warned against any attempt to tamper with the counting process, hours after she visited an EVM strong room in Bhabanipur, alleging possible malpractice.
Banerjee, who emerged around 12:07 am after spending nearly four hours at the counting centre for her Bhabanipur constituency housed in Sakhawat Memorial School in south Kolkata, said only one person would be allowed inside the designated counting area.
"Either the candidate or one agent can stay upstairs. I have also suggested installation of a CCTV camera for the media," she told reporters.
Stressing the need for transparency, she said, "It is essential to maintain transparency. People’s votes must be protected. I rushed here after receiving complaints. The central forces initially did not allow me to enter."
Sounding a stern note ahead of the May 4 counting, she added, "If there is any plan to tamper with the counting process, it will not be tolerated."
On Thursday evening, Banerjee had reached the Bhabanipur Assembly segment counting centre, which houses the strong room for EVMs used in the April 29 polling, citing suspicion of tampering with the machines.
She entered the premises along with her election agent and remained inside for hours, even as Kolkata Mayor and TMC candidate from the Kolkata Port segment Firhad Hakim reached the spot but could not meet her.
"I reached here upon learning that the chief minister has arrived. But I couldn’t meet her since she was already inside the premises, exercising her right as a candidate to visit strong rooms. I wasn’t allowed there. I will not be able to confirm what exactly is transpiring inside," Hakim said.
The development coincided with protests by TMC candidates Kunal Ghosh and Shashi Panja outside the Khudiram Anushilan Kendra in north Kolkata, where they staged a sit-in alleging irregularities and possible tampering of EVMs stored in strong rooms, leading to face-offs between TMC and BJP supporters.
Earlier in a video message, Banerjee had urged party leaders, workers and polling agents to maintain a 24-hour vigil on EVM strong rooms, alleging that the BJP could attempt to tamper with the machines before counting begins.
Her remarks come amid heightened political tension in the state following a fiercely contested Assembly election, with parties closely monitoring arrangements and raising concerns over transparency.
