India one step closer to extraditing suspected cricket bookie from UK
LONDON: BY RULING THAT
CHAWLA FACED ‘NO REAL RISK’ IN TIHAR JAIL, THE UK HIGH COURT REMOVED THE ONLY BAR TO HIS EXTRADITION TO FACE CHARGES OF MATCHFIXING DURING SOUTH AFRICA’S TOUR OF INDIA IN 2000
The process of cricket bookie Sanjeev Chawla’s extradition to India has reached the final stage after Britain’s high court last week ruled that conditions in Delhi’s Tihar Jail did not pose any “real risk” to his human rights.
The high court quashed the Westminster magistrates court’s October 2017 ruling blocking Chawla’s extradition on grounds of risk to his human rights, and remitted the case to the lower court, directing it to proceed as if his discharge had not been ordered.
The Crown Prosecution Service, acting on behalf of India, told Hindustan Times on Tuesday: “The case will not go back to the Westminster magistrates’ court as it doesn’t need to. The earlier decision to discharge the case will be replaced by the new decision of the high court.”
“The district judge will then pass the matter to the home secretary to make a decision on whether to extradite the person to India or not. Whatever that decision, the losing side has up to 14 days within which to seek leave to appeal. Any appeal – if granted – will be heard at the administrative court (high court)”.
The courts passing on the file to the home secretary with the observation that no bars to extradition exist is the final judicial stage, leaving the home secretary to take the final decision under the Extradition Act 2003.
By ruling that Chawla faced “no real risk” in Tihar Jail, the high court removed the only bar to his extradition to face charges of match-fixing during South Africa’s tour of India in 2000.
The lower court was satisfied that there is a prima facie case for Chawla to answer on the basis of evidence gathered by the Delhi police.
The lower court had also dismissed Chawla’s objections to his extradition on the ground of ‘passage of time’ (over 15 years elapsed since the alleged crime in India) and ‘right to family life’ (he has been living in the UK with his family since 1996 with wife and two sons).
A significant aspect of the October 2017 ruling of the magistrates court was the mention of the quality of evidence submitted by Indian authorities against Chawla.
Judge Rebecca Crane said in her judgment that she was “satisfied that there is a prima facie case…The affidavit of Bhisham Singh, the deputy commissioner of police, dated 18.05.15 also contains a very detailed summary of the evidence”.
The affidavit includes the background of the events leading to the expose of match-fixing, details of phone conversations, investigation and analysis of call details, investigation of the venues where the teams stayed, details of evidence provided by South Africa and the UK, summary of the role played by each accused and evidence against them, and forensic analysis of the voices of recorded conversations.
“There is clear evidence sufficient to make a case requiring an answer that the RP (requested person) acted with others to fix the outcome of cricket matches by providing money to members of the South African cricket team,” Crane ruled.
However, the final judicial stage of sending Chawla’s file to the home secretary – who makes the final decision – may not lead to his extradition. UK’s decision on the extradition of Tiger Hanif, wanted in connection with blasts in Gujarat in 1993, is awaited.