India appeals against UK rejecting request to extradite bookie Chawla

EVIDENCE ON INDIAN PRISON CONDITIONS WAS GIVEN IN THE CASE BY ALAN MITCHELL, WHO HELD SEVERAL POSITIONS IN PRISONS IN SCOTLAND DURING HIS CAREER

LONDON: India has filed an appeal in Britain's high court against a magistrate’s recent decision to reject New Delhi’s request to extradite Sanjeev Kumar Chawla, who is wanted for his role in fixing cricket matches during South Africa’s India tour in 2000.

The request to extradite Chawla was rejected by judge Rebecca Crane in the Westminster magistrates court on the grounds that he would be “subjected to torture or inhuman or degrading treatment or punishment in the Tihar prison complex” in Delhi.

The appeal filed last week in the high court by the Crown Prosecution Service (CPS) on behalf of the Indian government says the judge did not take into account important documents of the Union ministry of home affairs submitted in relation to prison conditions in Tihar.

It stated that the judge “erred” in not considering the material and had she done so, the decision would have been different. No date has been set yet to hear the appeal in the high court.

Crane, however, agreed in the detailed judgement now available that there is a prima facie case against Chawla, based on the evidence submitted by India.

In particular, she mentioned “the very detailed summary of the evidence” by Bhisham Singh, deputy commissioner of police.

Sanjeev Kumar Chawla’s side submitted several newspaper clippings and reports by human rights organisations and others to allege custodial deaths, torture, poor medical facilities, overcrowding and inhuman treatment in Tihar jail.

Evidence on Indian prison conditions was given in the case by Alan Mitchell, who held several positions in prisons in Scotland during his career.

The judge rejected India’s contention that he was not suitably qualified, and noted that he was refused permission to visit Tihar.

Sanjeev Kumar Chawla raised four issues to challenge the extradition request: passage of time, human rights, prison conditions and the right to family life.