Vijay Mallya can appeal against extradition

LONDON: The London high court ruled on Tuesday that fugitive tycoon

may appeal against his extradition to India on his argument that no prima facie case is made out against him. The ruling will be seen as a major blow to the Indian investigating authorities.

The decision followed a four-hour hearing at which Clare Montgomery QC, extradition barrister for Mallya, argued that there had been a series of faults with the decision by chief magistrate Emma

Arbuthnot

in December 2018 to send his case to the home secretary and that Sajid Javid had failed in his duty to check that Mallya would not be dealt with for different offences other than the ones he was being extradited for once in India. The Indian government made written submissions to the court but did not have a barrister in court.

Montgomery put forward five grounds upon which she wanted leave to appeal, the first of which was that there was no prima facie case to answer. Justice George Leggatt, who presided over the case with Justice Andrew Popplewell, granted Mallya permission on Tuesday to appeal on the prima facie grounds, but rejected the other grounds.

The other grounds were that prison conditions in India were inhuman, that the charges against Mallya were politically motivated, that he would not receive a fair trial in India and that he might be dealt with in India for other offences, beyond the ones he was being extradited for. The court heard that Mallya was facing more than 40 criminal cases in India, in some of which warrants had been issued for his arrest.

Extradition barrister Malcolm Hawkes, of Doughty Street Chambers, said: “The fact he has been granted permission to appeal on the prima facie case is quite interesting as that is the bedrock of the case. There is quite a low threshold the government of India has to reach to persuade the British court there is a case to answer in India, so this suggests to me that government of India evidence is either weak or inadmissible.”

Now that Mallya has been granted leave to appeal, a full hearing is expected to be listed at the high court in about four to six months. If Mallya wins that, he will be discharged. If he loses, he could still try to appeal in the Supreme Court if he can persuade the court there is a point of law of general public importance in his case. A Supreme Court hearing would likely take at least one year after the high court hearing.

If Mallya wins his appeal in the high court, it would be open to the Indian government to try to appeal that decision in the Supreme Court, again having to meet the test of identifying a point of law of general public importance.

Comments

गरुड़ पुराण कथा और सार – Garud Puran in Hindi

गरुड़ पुराण कथा और सार – Garud Puran in Hindi गरुड़ पुराण कथा – Garud Puran in Hindi गरुड़ पुराण हिन्दू धर्म के प्रसिद्ध वेद पुराण में से एक है। वैष्णव सम्प्रदाय से सम्बन्धित गरुण पुराण हिन्दू धर्म में मृत्यु के बाद सद्गति प्रदान करने वाला माना जाता है। इसलिये सनातन हिन्दू धर्म में मृत्यु के बाद ‘गरुड पुराण’ के श्रवण का प्रावधान है। इस पुराण के अधिष्ठातृ देव भगवान विष्णु हैं। अठारह पुराणों में ‘गरुड़ महापुराण’ का अपना एक विशेष महत्व है। क्योंकि इसके देव स्वयं विष्णु माने जाते हैं, इसीलिए यह वैष्णव पुराण है। गरुड़ पुराण के अनुसार हमारे कर्मों का फल हमें हमारे जीवन में तो मिलता ही है, परंतु मरने के बाद भी कार्यों का अच्छा-बुरा फल मिलता है। इसी वजह से इस ज्ञान को प्राप्त करने के लिए घर के किसी सदस्य की मृत्यु के बाद का अवसर निर्धारित किया गया, ताकि उस समय हम जन्म-मृत्यु से जुड़े सभी सत्य जान सके और मृत्यु वश बिछडऩे वाले सदस्य का दुख कम हो सके। भगवान विष्णु की भक्ति | Devotion to Lord Vishnu वास्तविक तथ्य यह है कि ‘गरुड़ पुराण’ में भगवान विष्णु ...

What's an eSIM, how it works and why it's important to you

What's an eSIM, how it works and why it's important to you In recent weeks Google and Apple brought the eSIM into the spotlight by including it within their latest product launches, the Google Pixel 2, Google Pixel 2 XL and the Apple Watch Series 3 with Cellular. The eSIM gives us an improved and more secure customer experience, better designed devices, opens up new market opportunities for operators and enables entire new categories of connected devices. Let's explore this baby in a little more detail. Please bear with us for the next few paragraphs, as we look back in time. SIM (Subscriber Identity Module) cards store network-specific information used to authenticate and identify subscribers on a cellular network and for the last 27 years have consisted of a physical card containing the chip which has to be inserted into the phone. You may or may not remember, but in 1991, the SIM card that you inserted into your phone was the size of a credit card...

What is different Types of Switches – Construction, Working & Applications of Switches

Types of Switches – Construction, Working & Applications of Switches Different Types of Electrical & Mechanical Switches Table of Contents [Hide] 1 What is a Switch? 2 Types of Switches 3 Types of Mechanical Switches 3.1 SPST (Single Pole Single Through) 3.2 SPDT (Single Pole Double Throw) 3.3 DPST (Double Pole, Single Throw) 3.4 DPDT (Double Pole Double Throw) 3.5 2P6T (Two Pole, Six Throw) 3.6 Intermediate Switch 4 Types of Latch and Momentary Operation Switches 4.1 Push Buttons Switch 4.2 Toggle Switch 5 Electrical and Electronic Switches 5.1 Transistor as a switch: 5.1.1 Typical Circuit of Transistor as a Switch: 5.2 Mosfet As a Switch: 5.3 Relay as a Switch What is a Switch? In electrical and electronic system, a switch is a device, which can make or break an electrical circuit automatically...

Pradhan

Search This Blog