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As reported by TOI, London High Court allows tycoon Vijay Mallya to appeal against his extradition order as no prima facie case is made out against him.

Of the five arguments made by Mallya’s lawyer, judges accepted only one — that no prima facie case of fraud and money laundering was made out against the Vijay Mallya.

Background:

A Single Judge Bench comprising of Senior District Judge (the Chief Magistrate) Emma Arbuthnot accepted the Government of India’s (GoI) extradition request for tycoon Vijay Mallya to face trial on charges of fraud and money laundering.

The Court considered the vast evidence placed on record by GoI and relying on the case of Devani v. Republic of Kenya, [2015] EWHC 3535 opined that there was a prima facie case that the funds loaned by Indian banks to Mallya were misused. A number of email trails were relied on to rule that he had misrepresented his net worth to the banks.

It was further held that there was a prima facie case of a conspiracy to defraud which involved not just the Kingfisher Airlines executives but also some bankers. There was clear evidence of misapplication of loan funds and thus there was a prima facie case of conspiracy to launder money was found against Mallya. [Govt. of India v. Vijay Mallya, decided on 10-12-2018]

Also Read:

Sajid Javid the UK Home Secretary signed the extradition order of Vijay Mallya on 04-02-2019.


[Source: ToI]

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As reported by the media, Sajid Javid the UK Home Secretary signed the extradition order of Vijay Mallya on 04-02-2019.

Westminster Magistrates’ Court had sent Vijay Mallya’s case to the Home Secretary for a decision on whether to order extradition.

Mallya said he intends to appeal the decision, “After the decision was handed down on December 10, 2018, by Westminster Magistrates Court, I stated my intention to appeal. I couldn’t initiate appeal process before a decision by Home Secretary. Now I’ll initiate the appeal process”.

Mallya has 14 days’ time to appeal against his extradition in a higher court.

Vijay Mallya was facing charges of fraud, money laundering and violation of Foreign Exchange Management Act (FEMA).

[Source: Economic Times]
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BREAKING|  Special PMLA Court declared Vijay Mallya a fugitive economic offender, which means his properties can now be confiscated by the government.
The decision comes against an application by the Enforcement Directorate before the special Prevention of Money Laundering Act (PMLA) court to classify Mallya as a fugitive economic offender.

Special Judge MS Azmi declared Mallya an FEO under Section 12 of the Act.

For more details on the said Act, please follow the link:  Fugitive Economic Offenders Act, 2018.

On 10-12-2018, By the Westminster Magistrates’ Court, Mallya’s case was sent to the United Kingdom Home Office (the British equivalent of Home Ministry) where Home Secretary, Sajid Javid would decide whether to order his extradition based on the verdict of the Magistrates’ Court. [Govt. of India v. Vijay Mallya, decided on 10-12-2018]

[Source: Times of India]
Case BriefsForeign Courts

Westminster Magistrates’ Court: A Single Judge Bench comprising of Senior District Judge (the Chief Magistrate) Emma Arbuthnot accepted the Government of India’s (GoI) extradition request for tycoon Vijay Mallya to face trial on charges of fraud and money laundering.

The Court considered the vast evidence placed on record by GoI and relying on the case of Devani v. Republic of Kenya, [2015] EWHC 3535 opined that there was a prima facie case that the funds loaned by Indian banks to Mallya were misused. A number of email trails were relied on to rule that he had misrepresented his net worth to the banks.

It was further held that there was a prima facie case of a conspiracy to defraud which involved not just the Kingfisher Airlines executives but also some bankers. There was clear evidence of misapplication of loan funds and thus there was a prima facie case of conspiracy to launder money was found against Mallya.

The Court also took note of Mallya’s concerns that the Central Bureau of Investigation (CBI) which had investigated this case was susceptible to political interference and was a “caged parrot” speaking with its master’s voice, especially by the ruling party BJP. The said concern was dismissed holding that there was no evidence showing that the present extradition request was, in fact, being made to prosecute him for his political opinions.

It was ruled that Mallya’s allegations against the professional integrity of Mr Rakesh Asthana, who leads the CBI and was the prosecutor of his case, was without any basis since the Supreme Court of India had cleared Mr. Asthana of allegations made against his integrity and there was no reliable or significant evidence produced by Mallya to support his averment.

Mallya argued against his extradition, saying Indian jails do not have proper air and light. The Court applied Othman criteria of Othman v. UK, (2012) 55 EHRR 1 to decide whether Mallya’s extradition would be compatible with his Convention rights within the meaning of the Human Rights Act, 1998. It viewed the video submitted by GoI and found clear assurance that the cell for Mallya’s lodging – Barrack No. 12 in Arthur Road Jail, Mumbai – had requisite living conditions where he would be able to obtain his medical treatment.

One might recall that the learned Judge’s demand for a video of Mallya’s barrack did not go down well with India and earlier this year PM Modi had told his British counterpart Theresa May that it was not right for Courts in her country to ask about the condition of Indian jails “as we still have the prisons where they jailed our leaders like Mahatma Gandhi and Jawaharlal Nehru.”[1]

Bearing in mind the findings of prima facie case, no evidence that the prosecution was politically motivated, and no lack of fair trial, Mallya’s contention of abuse of process was also dismissed.

In view of the above, Mallya’s case was sent to the United Kingdom Home Office (the British equivalent of Home Ministry) where Home Secretary, Sajid Javid would decide whether to order his extradition based on the verdict of the Magistrates’ Court.[Govt. of India v. Vijay Mallya, decided on 10-12-2018]

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[1] https://www.ndtv.com/india-news/pm-narendra-modis-sharp-retort-to-theresa-may-on-indian-jails-revealed-1858878

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Supreme Court: The Court was forced to adjourn the contempt case against Vijay Mallya as the Government failed to produce him before the Court. Attorney General KK Venugopal, appearing for Centre told the Court that Vijay Mallya’s extradition proceedings being conducted in UK Court and would most likely end by December 4.

On 09.05.2017, the bench of A.K. Goel and U.U. Lalit, JJ had held Vijay Mallya guilty of disobeying the Orders passed by this Court in not disclosing full particulars of the assets and said that though Vijay Mallya has not filed any reply to the Contempt Petition nor had he appeared in person but it necessary to give him one more opportunity and also hear him on the proposed punishment and hence, he should personally appear before the Court.

A consortium of banks sought relief from the Court after Vijay Mallya, who owes more than Rs. 9000 crores to the banks, instead of repaying his debts, transferred a huge sum of $40 million to his children. It was alleged by the banks that said transfer was not only in contempt of the Orders passed by the Karnataka High Court but was also an attempt to subvert the Course of Justice by diverting the funds to shield them from ongoing recovery proceedings.

Source: ANI

 

Case BriefsSupreme Court

Supreme Court: Finding Vijay Mallya guilty of contempt of court, the Bench of A.K. Goel and U.U. Lalit, JJ directed him to appear before the Court on 10.07.2017 in order to give him an opportunity to be heard before deciding the quantum of punishment. The Court said that Vijay Mallya is guilty of disobeying the Orders passed by this Court in not disclosing full particulars of the assets.

A consortium of banks sought relief from the Court after Vijay Mallya, who owes more than Rs. 9000 crores to the banks, instead of repaying his debts, transferred a huge sum of $40 million to his children. It was alleged by the banks that said transfer was not only in contempt of the Orders passed by the Karnataka High Court but was also an attempt to subvert the Course of Justice by diverting the funds to shield them from ongoing recovery proceedings.

The High Court of Karnataka had passed an interim order restraining the respondent from transferring, alienating, disposing or creating third party rights in respect of movable as well as immovable properties belonging to them until further. Hence, in the light of the transfer of a huge sum to the children of Vijay Mallya, the Court also held him guilty of violating the express Orders of Restraint passed by the High Court of Karnataka.

The Court said that though Vijay Mallya has not filed any reply to the Contempt Petition nor had he appeared in person but it necessary to give him one more opportunity and also hear him on the proposed punishment and hence, he should personally appear before the Court on 10.07.2017. [State Bank of India v. Kingfisher Airlines, 2017 SCC OnLine SC 554, order dated 09.05.2017]