Vijay Mallya loses UK High Court appeal, clock set for extradition to India
London/New Delhi: Embattled liquor baron Vijay Mallya on Monday lost a crucial appeal against his extradition to India with the UK High Court ruling that the ex-boss of Kingfisher Airlines did have a prima facie case to answer in the Indian courts over the alleged Rs 9,000-crore fraud associated with loans sought from Indian banks for his now defunct airline.
The dismissal of the High Court appeal effectively clears the decks for Mallya's extradition to India to face the charges in the Indian courts, with 14 days for him to apply for permission to appeal to the UK Supreme Court.
If he does apply, the UK Home Office would wait for the outcome of that appeal. But if he does not, under the India-UK Extradition Treaty, it would then be expected to formally certify the court order for the 64-year-old Mallya to be extradited to India within 28 days.
"We have held there is a prima facie case both of misrepresentation and of conspiracy, and thus there is also a prima facie case of money laundering," the High Court concluded.
This marks a major turning point for the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) case against the businessman, who has been on bail in the UK since his arrest on an extradition warrant in April 2017.
The ex-Kingfisher Airlines boss had appealed to the higher court against his extradition ordered by the Westminster Magistrates' Court in London in December 2018, and then signed off by then UK Home Secretary Sajid Javid in February last year, at a three-day hearing in February this year.
Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench at the Royal Courts of Justice in London presiding over the appeal, dismissed it in a judgement handed down this week remotely due to the current coronavirus lockdown.
"We consider that while the scope of the prima facie case found by the SDJ (Senior District Judge Emma Arbuthnot) is in some respects wider than that alleged by the Respondent in India (CBI and ED), there is a prima facie case which, in seven important respects, coincides with the allegations in India," the judges noted.
They detail seven main points around which they based their decision to concur with Arbuthnot's extradition order.
Based on the documents setting out the Indian government's case against Mallya, the judges said they found that the loans in question were disbursed as the result of a conspiracy between the named conspirators and that they were made despite Kingfisher Airline's weak financials, negative net worth and low credit rating.
"The Appellant (Mallya) was party to false representations to induce the loans that funds would be inducted by way of unsecured loans, global depository receipts and equity," they note.
"The Appellant was party to false representations about inward investment, an exaggerated brand value, misleading growth forecasts, inconsistent business plans. The Appellant's dishonest intention not to repay the loans is shown by his later conduct in trying to avoid the personal and corporate guarantees," they said.
Mallya's legal team had sought to challenge the Indian government's case on multiple grounds, including whether their client would be safe at Barrack 12 in Arthur Road Jail in Mumbai where he is to be held on extradition.
Most of the grounds had already been dismissed by the High Court, with permission granted to appeal only on one ground - challenging the Indian government's prima facie case against Mallya of fraudulent intentions in acquiring bank loans.
"Mallya has 14 days to apply for permission to appeal to the Supreme Court. If he doesn't appeal - removal within 28 days thereafter. If he does appeal, we wait for the outcome on that application," said a spokesperson for the Crown Prosecution Service, which represented the Indian authorities in the UK courts.
In February, Mallya had again reiterated his message for the Indian banks to take back 100 per cent of the principal amount owed to them.
Reacting to the UK High Court's ruling, the CBI said it was a significant achievement for continuing the war against economic fugitives.
"It is a significant achievement in continuing war against economic fugitives who have been managing to stay away from the judicial process in the country," CBI spokesperson RK Gaur said in New Delhi.
Mallya, declared a fugitive by India, has been based in the UK since March 2016 and remains on bail on an extradition warrant executed three years ago by Scotland Yard on April 18, 2017.
In her verdict in December 2018, Judge Arbuthnot had ruled that the "flashy" former Kingfisher Airlines boss had a "case to answer" in the Indian courts. She found there was "clear evidence of dispersal and misapplication of the loan funds".
India and the UK have an extradition treaty signed in 1992 and in force since November 1993. Two major extraditions have taken place under this treaty so far - Samirbhai Vinubhai Patel, who was sent back to India in 2016 to face trial in connection with his involvement in the post-Godhra riots of 2002, and more recently alleged bookie Sanjeev Chawla, sent back in February this year to face match-fixing charges.
As India falls under the Category 2 set of countries within the UK's Extradition Act 2003, any decision of the courts must be endorsed by the UK Home Secretary - who has the authority to order extradition.
As Mallya's extradition has been signed off by the minister at the time, only a formal certification will now be required once all avenues of appeal have been exhausted in the UK.
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Nepal records over 10% turnout till 11 am in first election since govt-toppling Gen Z protests
Kathmandu (PTI): Nepal which went to polls on Thursday, the first since a violent Gen Z protest that toppled the K P Sharma Oli-led government last year, recorded a turnout of about 10.18 per cent till 11 am, according to the Election Commission.
The Election Commission said that around 1.93 million people have exercised their franchise till 11 am.
Earlier, the commission had said around six per cent of eligible voters had cast their ballots by 9.30 am.
More than 18.9 million eligible Nepalese will be exercising their franchise to elect the 275-member House of Representatives from among the 3,406 candidates vying for 165 seats under direct voting, and 3,135 candidates vying for 110 seats through proportionate voting.
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The voting started at 7 am and will conclude at 5 pm. The counting will start immediately after the ballot boxes are collected.
Voting is ongoing smoothly across the country with minor incidents in a very few places, Election Commissioner Sagun Shumsher Rana was quoted as saying by the Kathmandu Post.
Nepal Police confirmed that apart from minor disagreements at a few locations, no serious problems had occurred.
Police spokesperson Abi Narayan Kafle said, “Some jostling is expected during elections, but no major issues have arisen. We are ensuring that the voting process remains peaceful throughout the day.”
"Voting started in all the constituencies, including the southern plains, hilly area and the mountain region at 7 am," Election Commission spokesperson Narayan Prasad Bhattarai said.
“The election started in a peaceful environment across the country,” he added.
Addressing a press meet here on the eve of the polls, Acting Election Commissioner Ram Prasad Bhandari on Wednesday had said that all preparations for the election had been completed and urged voters to participate actively and enthusiastically in the democratic exercise.
In Kathmandu, the weather was fine, sky was clear and people were enthusiastically queuing up to cast their votes.
Interim Prime Minister Sushila Karki cast her vote from Kathmandu-5 constituency at Dhapasi on the outskirts of Kathmandu on Thursday morning.
"I have cast my vote, I am happy that people are casting their votes, participating in the general election," she said.
Nepali Congress president Gagan Thapa cast his vote from Kathmandu-4 constituency in Maitidevi in the morning.
"This election was needed to bring the Constitution back on the right track," he said.
Thapa, the prime ministerial candidate of Nepali Congress, is contesting the election from Dhanusha-4 constituency.
Rastriya Swotantra Party (RSP) president Ravi Lamichhane cast his vote from Chuchepati area on the outskirts of Kathmandu.
Prime ministerial candidate of RSP and former Kathmandu mayor Balendra Shah ‘Balen’ cast his vote from Gairegaun, Kathmandu. He is contesting the election from Jhapa-5.
The Gen Z youth, through their two-day intensified protests on September 8 and 9, ousted Prime Minister Oli, chair of the Communist Party of Nepal (Unified Marxist–Leninist) -- CPN-UML -- who was heading a coalition government with the backing of Nepali Congress that enjoyed nearly two-thirds majority support.
The CPN-UML, led by ousted PM Oli, has emerged as the hardliner force. Though former premier Pushpa Kamal Dahal 'Prachanda'-led NCP claims to have addressed the issues raised by the Gen Z, they have not handed over the party leadership to the younger generation.
Rastriya Swotantra Party (RSP), led by its chair Ravi Lamichhane and senior leader Balendra Shah, and the reformed Nepali Congress, led by Gagan Thapa, are voicing the issues raised by the Gen Z, while CPN-UML and Nepali Communist Party, led by ‘Prachanda’, are known as the traditional forces.
Ujyalo Nepal Party, led by Kulman Ghising, and Shram Shakti Party, led by former Dharan Mayor Harka Sampang, are also emerging forces but enjoy support in limited pockets only.
After Oli's ouster, President Ramchandra Paudel dissolved the House of Representatives on September 12 and appointed Sushila Karki as the caretaker PM.
The major issues raised by Gen Z are anti-corruption, good governance, an end to nepotism, generational change in political leadership, etc.
Starting Wednesday, Nepal has declared a three-day holiday for the polls.
There are a total of 10,967 polling booths and 23,112 polling centres, the Election Commission data showed. As many as 65 political parties are taking part in the election.
