UK court to rule on prosecution documents today
The Westminster magistrate’s court is set to resume hearing an extradition case against Vijay Mallya, a controversial businessman wanted in India for alleged financial irregularities amounting to nearly ₹9,000 crore, on Wednesday.
At the last hearing on December 14, chief magistrate Emma Arbuthnot had asked the prosecution to provide more details on the conditions at Mumbai’s Arthur Road jail (where Mallya will be lodged, if extradited). The prosecution and defence counsels were scheduled to submit closing statements by last week.
Mark Summers, appearing for the Crown Prosecution Service on behalf of the Indian government, assured the court at the last hearing that the information sought by the judge will be submitted before Wednesday.
Arbuthnot is likely to rule on the admissibility of some papers submitted by the Indian government during this hearing. The defence had objected to these documents, which list charges against Mallya, on the grounds that their wording was identical — as if following a template.
The former liquor baron’s legal team, led by Claire Montgomery, raised four issues to oppose the extradition: The absence of a prima facie case, extraneous considerations, human rights and abuse of process. The defence presented four “independent” witnesses who deposed on matters such as the
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Indian legal system, politics, jail conditions, banking and accounts. Several issues, including the recent appointment of Rakesh Asthana as the CBI special director, were raised by them. When cross-examined by Summers, they agreed with his perspective on occasion.
According to a medical report read out in court, Mallya suffers from diabetes, coronary artery disease and sleep apnoea. Doubts were raised whether he would receive proper medical attention at the Arthur Road jail.
A timetable of the case’s concluding stage might be announced on Wednesday, with the judgment coming out in the next few weeks. Either side will be free to appeal against the verdict, leading to another hearing in a higher court. If the Indian government’s case against Mallya is upheld, it will be up to home secretary Amber Rudd to sign off his extradition in the final stage of the process. Though India’s case against Gujarat blasts accused Tiger Hanif was upheld by the high court in April 2013, the home secretary is yet to clear his extradition.