Extradition hearing: U.K. judge asks for video of jail where Vijay Mallya would be held

The prosecution agrees to provide the video; hearing adjourned to September 12

Updated - July 31, 2018 06:32 pm IST

Published - July 31, 2018 02:28 pm IST

 Vijay Mallya. File

Vijay Mallya. File

The Indian government’s efforts to extradite beleagured businesssman Vijay Mallya entered a crucial phase on Tuesday, with the two sides presenting final submissions in the long-running extradition case. The case was initially set to continue in mid-July but was further delayed, after a hearing in late April. A ruling is expected later this year, though this will be appealable.

The extradition hearing kicked off in December last, and has focussed largely on a series of loans from IDBI Bank to Kingfisher Airlines — from the way in which these were obtained to how — in the words of the prosecution, Mr. Mallya allegedly sought to “squirrel away” the money.

Mr. Mallya stands accused of de-frauding a consortium of public sector banks and money laundering, though during the hearings the prosecution focussed mostly on the issue of  fraud.

Here are the updates:

Our London Correspondent  Vidya Ram sends updates of the hearing.

 

Indian govt assurances can’t be relied on: defence

Prosecution lawyer Mark Summers kicks off — before the start of the closing submissions — by raising the court of appeal decision not to allow Mr. Mallya appeal in a bank case.

He now turns to the Indian government's new promises over the conditions at the Arthur Road Jail in Mumbai; Barrack 12 in particular: "Concerns about overcrowding don’t apply here," he insists. "It is clean and hygienic — overcrowding does not arise and has been regularly renovated," he says.

"Barrack 12 of the prison will be where Mr. Mallya will be held during pre-trial, during trial and in event of conviction for the length of sentence, whatever it is," he says.

"It’s the Indian government's contention that they have now provided sufficient reassurances that there is no need for a separate inspection," concludes Mr. Summers.

Defence Barrister Clare Montgomery says the Indian government's assurances on Barrack 12 ‘cannot be relied on’. The discussion focuses on access to natural light. ‘What harm is there in having an inspection’ he asks.

Judge Emma Arbuthnot asks for a video of someone going into Barrack 12 ‘for the avoidance of doubt’.

The prosecution agrees to provide a video taken at midday of lighting of Barrack 12 to satisfy the judge’s concerns around natural light in the prison.

Chief Magistrate at Westminster Magistrates Court judge Emma Arbuthnot adjourns the case for further hearing on September 12.

Mr. Mallya will be under bail until then. The prosecution has been asked to submit a video of the lighting conditions in the prison within three weeks.

 

Mallya arrives at court

Mr. Mallya arrives at the Westminster Magistrates' Court.

‘In the end of the day, the courts will decide’ he says on arrival. ‘I have made a comprehensive offer to the Karnataka High Court to settle dues... the question of stealing money, money laundering are all blatantly false charges. Now that the assets are before the court, I am in the hands of the court, I hope this will all end.”

Just outside the court room, Mr. Mallya approaches CBI Special Director Rakesh Asthana. They shake hands and then Mr. Asthana turns around and walks away.

Also read: Role of CBI takes centre stage

 

Oral closing submissions

The hearing is set to see both sides making oral closing submissions. Judge Emma Arbuthnot had initially indicated her preference for written submissions but the defence had expressed its eagerness for an oral hearing, pointing to the significant public interest in the case.

Also read: Mallya extradition: crucial hearing in U.K. court today

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