Can’t extradite Choksi: Antigua; UK court sets terms on Mallya

Indian Government’s efforts to bring back former Kingfisher Airlines boss Vijay Mallya and diamantaire Mehul Choksi from London and Antigua respectively have met with legal impediments.

The Antigua Government has reportedly conveyed its inability to send back Choksi to face prosecution in India in the absence of any extradition treaty between the two countries.

Meanwhile, the Westminster Magistrates’ Court in London on Tuesday asked the Indian authorities to submit within three weeks a video of a cell at the Arthur Road Jail in Mumbai where they plan to keep Mallya post-extradition.

Sources said High Commissioner of India V Mahalingam recently met Antigua Prime Minister Gaston Browne to put across India’s request for Choksi’s extradition. The Antigua PM reportedly told the Indian envoy that he was ready to cooperate in the matter but his hands were legally tied.

Choksi’s layers have already approached the courts in Antigua to seek protection for his arrest.

In Mallya case, the Westminster Magistrates’ Court in London on Tuesday deferred its final verdict on Mallya extradition case.  The matter is fixed for September 12.

The directive came when the court was hearing the extradition proceedings against the Kingfisher boss. The court also granted bail to Mallya in connection with the extradition case against him. He had been in court along with his son Siddharth for the closing arguments in his high-profile extradition trial.

Mallya is facing extradition to India on charges of fraud and money laundering amounting to around Rs 9,000 crore. The extradition proceeding against Vijay Mallya has reached a concluding stage. The Crown Prosecution Service would present its final submissions on behalf of India.

Both defence and prosecution presented clarifications on Barrack 12 at Arthur Road Jail in Mumbai, where Mallya is to be held post-extradition. After hearing both sides, Judge Emma Arbouthno said she could not go with the photographs of Barrack 12 that Indian officials have provided the court.

The judge asked officials to film any man going into the prison, through the door shown in the photographs. “Can we shoot it during mid-day? I want to see some natural light, sunlight, whether the windows pick up any natural light,” the judge said.

The judge demanded to see visual proof of the prison conditions at the Arthur Road Jail.

Mallya’s defence team had argued that photographs submitted by India showed “no natural light in the cell and no fresh air”. Lawyer Clare Montgomery also alleged that the photos were taken using a technique to show light within the building. “How will the sun get through this huge wall,” she asked.

The Crown Prosecution Service, representing India, told the court that the photos proved that jail conditions complied with the guidelines of the Human Rights Commission. Vijay Mallya would be put up in barracks with fresh air and light, a private western-style toilet facility and clean bedding, said Mark Summers, the lawyer representing the government. Adding since such photographic evidence was being presented, there was no need for an inspection. The hearing was attended by CBI special director Rakesh Asthana, officials of the Enforcement Directorate and the Indian high commission.

Mallya’s lawyer told the court in December 2017 that the conditions at the Barrack 12 of the Arthur Road Jail, where Mallya would be held, were “far from satisfactory”.

After being granted bail in the case, Mallya said he has not applied for clemency and that he is ready to settle his dues. There is no question of money laundering. He said he has offered to sell assets over 14,000 crore.

If the judge rules in favour of the Indian Government, the UK home secretary will have two months to sign Mallya’s extradition order. However, both sides will have the chance to appeal in higher courts inthe UK against the Magistrates’ Court verdict.