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bharatiyamedia-blog · 5 years

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Vijay Mallya: Anatomy of an extradition

http://tinyurl.com/yy7pjb46 Does the extradition of Vijay Mallya from the UK (UK) additionally assure a definitive repatriation of all his overseas belongings again to India? The reply is No. The Indian endeavour to carry again liquor barren Vijay Mallya is in its last stage and possibilities for his profitable extradition from UK look stronger than ever however bringing his overseas belongings again to India has been a unique ball recreation. Current developments in UK courts point out that the Indian banks now stand a good likelihood of getting full maintain of Mallya’s UK belongings. Most of Vijay Mallya’s Indian belongings stand seized by authorities in India however figuring out and clutching his overseas belongings by a fancy net of corporations has been difficult for the Indian banks. Other than the extradition case, about half dozen civil and chapter proceedings within the UK clubbed with invocation of assorted worldwide legal guidelines by Vijay Mallya’s authorized workforce has insured a troublesome authorized fight for the lending banks. Whereas Britain’s Crown Prosecution Service has been dealing with the extradition case on behalf of Indian authorities in opposition to Vijay Mallya’s celebrated authorized workforce, the Indian Banks have engaged personal companies to determine and safe Vijay Mallya’s belongings. UK Court docket Proceedings A flurry of developments in UK courts nonetheless has given a ray of hope for the lending banks. In one of many judgements, the court docket dismissed an enchantment filed by Vijay Mallya associated to cash in one among his London financial institution accounts, to stop a consortium of Indian banks having access to practically 260,000 kilos. Court docket dominated that an interim debt order within the favour of SBI and different banks in search of entry to funds within the ICICI UK checking account “ought to stay in power”. The banks, nonetheless, must wait till after the listening to of Vijay Mallya’s pending chapter petition within the UK which is at the moment on-going in numerous court docket. Indian banks have been represented by regulation agency TLT LLP. The UK case is predicated on proceedings within the Bangalore Debt Restoration Tribunal (DRT) in opposition to Kingfisher Airways and others and offers with cash held in a checking account with the ICICI UK. The DRT case is registered within the UK below the Overseas Judgments (Reciprocal Enforcement) Act 1933. Final 12 months a UK Excessive Court docket choose issued an enforcement order within the favour of a consortium of 13 Indian banks granting permission to the Enforcement Officer to enter Vijay Mallya’s properties. In accordance with order by Justice Byran, dated June 26, the officers might enter Vijay Mallya’s properties utilizing cheap power to seek for and take management of products belonging to the liquor baron. However Vijay Mallya got here up with a authorized manoeuvre and sought a keep of all enforcement proceedings which have been commenced for the reason that presentation of the chapter petition by the Indian banks. The listening to on Chapter petition is scheduled to happen later this month within the UK. Indian lenders at the moment a part of the proceedings within the UK are SBI, Financial institution of Baroda, Company financial institution, Federal Financial institution Ltd, IDBI Financial institution, Indian Abroad Financial institution, Jammu & Kashmir Financial institution, Punjab & Sind Financial institution, Punjab Nationwide Financial institution, State Financial institution of Mysore, UCO Financial institution, United Financial institution of India and JM Monetary Asset Reconstruction Co. Pvt Ltd. Final month, Vijay Mallya agreed to repay a mortgage mortgage for his Cornwall Terrace house in central London, settling with Swiss financial institution UBS. In accordance with court docket paperwork, Vijay Mallya will get time till April 2020 to repay a mortgage mortgage value 20.4-million kilos and Mallya stays in occupation of the Property so as to permit, if potential, the Mortgage and Mortgage to be redeemed. In one other case, the UK Excessive Court docket directed the liquor tycoon to pay British beverage large Diageo over $135 million in relation to a collateral association. Diageo had sought a complete of $175 million which was being opposed by Vijay Mallya. Challenges Forward Indian banks have additionally constantly identified makes an attempt by Vijay Mallya to dissipate belongings earlier than UK courts. The banks had contended that Vijay Mallya had secretly disposed of a number of belongings which included the sword of Tipu Sultan and two Maybach vehicles. Court docket was informed that Vijay Mallya had deposed the sword of Tipu Sultan which he had purchased has a mysterious purchaser at an public sale in London 2003. The sword was seized by a British commander named George Harris following Lord Cornwallis’s assault on Srirangapatnam in 1799. Reviews later speculated that the sword was deposed as a result of the Mallya household thought-about it a nasty luck. Indian authorities and banks have alleged that Vijay Mallya and his household personal belongings spanning over continents by an online of offshore corporations and trusts. Banks have even gone on document and argued earlier than the UK court docket that there are quite a few belongings which have been linked to Vijay Mallya, however which he denies that he owns. Banks declare these comprise three yachts, quite a few vehicles and the Mabula recreation reserve in South Africa. The registered/asserted homeowners are offshore corporations and/or trusts. The UK court docket didn’t take account of those claims pertaining to non-UK properties as these issues have been unverified. Solely final month, Vijay Mallya exited from Caribbean Premier League (CPL) the place he owned a cricket franchise workforce named Barbados Tridents, Mallya was changed by USA-based consortium of corporations. These transactions are nonetheless lacking from the UK court docket proceedings. Vijay Mallya has already exited from the Indian Premier League franchise Royal Challengers Bangalore and Formulation One workforce Power India. Senior Lawyer Anirudh Sharma lays out the distinction between the 2 kinds of instances Whereas extradition might show a prima facie case, restoration of belongings requires full proof proof and a whole trial as per process established by regulation. In accordance with Sharma, Success in extradition course of outcomes solely in custody of the accused and never restoration of his belongings, restoration of belongings is a standalone course of having distinct contours and elements. Get real-time alerts and all of the news in your cellphone with the all-new India Right this moment app. Obtain from Source link

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gatthow · 7 years

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Trump’s America, days 4-8

Trump continued the attack against the New York Times and Washington Post, again calling them “Fake news” and again claiming that the NYT has a “dwindling” readership.

They don’t.

In fact their subscriptions numbers are growing.

Same with the WP.

Trump continued to prosecute the case that there had been 3-5 million illegal votes cast in the election, which he of course won..... but you see these illegal votes, according to Trump, affected the popular vote, which he lost by around 2.8 million votes.......

The Iraqi Information Minister White House Press sec. Sean Spicer bravely/foolishly took questions on the subject on Tuesday.

NPR's Mara Liasson got to the root of the matter: If Trump truly believes there were so many illegal votes, she asked, why hasn't he called for investigations?

Spicer tried to deflect and restate his previous boilerplate answer — that Trump believes what he believes — but Liasson pressed him. Eventually, Spicer granted that "Maybe we will [investigate]."

Later on, NBC's Hallie Jackson tried again, and Spicer said: "We're here on Day Two. I think let's not prejudge what we may do in the future."

And then NBC's Kristen Welker tried again. Spicer assured that he was only speaking hypothetically about a possible investigation. And then Spicer, as he had before, quickly tried to move on. "It's been asked and answered," he assured Welker, and called on the next reporter.

CNN's Jeff Zeleny asked Spicer toward the end of Tuesday's session how Trump can be confident in his win, given that massive alleged voter fraud. "What does that mean for democracy?"

"It means I've answered your question," Spicer responded.

Very next day, SURPRISE!!!:

So where does Trump’s illegal votes theory stem from?

The Intercept provided this handy history, and The Guardian and Salon both detail the work of Gregg (double g...) Phillips - who Trump has tweeted about - and who according to the Guardian has a federal tax debt of over 100K, and a VERY interesting work history.

On Monday, Trump signed executive orders re:

The TPP withdrawal;

a hiring freeze for federal workers, except for the military;

and the Mexico City Policy, a policy that prohibits federal funding to nongovernment organisations that promote or perform abortions. Since the policy was announced in 1984 by President Ronald Reagan, it has been revoked by every Democratic president only to be reinstated by their Republican successor;

On Tuesday Trump signed an executive order and four presidential memorandums focused mostly on energy, infrastructure and pending pipeline projects. this included the controversial Keystone XL and Dakota Access pipelines;

On Wednesday Trump signed the “Border Security and Immigration Enforcement Improvements” order which sets in the motion the wall he promised he would build on the U.S-Mexico border.

It details:

Sec. 4. Physical Security of the Southern Border of the United States. The Secretary shall immediately take the following steps to obtain complete operational control, as determined by the Secretary, of the southern border:

(a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border;

(b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border;

Trump tweeted:

Mexico cancelled the meeting.

Trump had also suggested a 20% tariff on Mexican goods imported into the USA.

For that tariff to apply, the NAFTA would have to be torn up.

Plus, Trump should/would be aware that the tariff would be paid by US importers, and in turn US consumers.

He’d know that, yeah?

Also on Wednesday Trump signed the “Enhancing Public Safety in the Interior of the United States” which calls for the removal of illegal immigrants who’ve been convicted of a criminal offence, charged with a criminal offence (where the charge hasn’t been resolved), committed acts that “constitute a chargeable criminal offence” or “in the judgement of an immigration officer, otherwise pose a risk to public safety or national security.”

It also orders that federal grant money be stripped from “sanctuary cities,” cities willing to defy federal immigration laws so as to protect illegal immigrants.

Then on Friday, Trump signed a presidential memorandum for the defence secretary and the Office of Management and Budget director to conduct several reviews aimed at “rebuilding” U.S. Armed Forces.

Rebuilding? The USA spends as much pa on their military as the next six nations COMBINED.

The last executive order of the week that Trump signed on Friday was his “extreme vetting” directive.

The executive order, titled “Protecting the Nation From Foreign Terrorist Entry Into the United States,” suspends the U.S. Refugee Admissions Program (USRAP) for 120 days and immigration from countries with ties to terror, including Syria, Yemen, Sudan, Somalia, Iraq, Iran and Libya, for a period of 90 days.

It invokes the attacks of Sept. 11, 2001

“The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans.”

Most of the 19 hijackers on the planes that crashed into the World Trade Center, the Pentagon and a field in Shanksville, Pa., were from Saudi Arabia. The rest were from the United Arab Emirates, Egypt and Lebanon.

None of those countries are on Mr. Trump’s visa ban list. **

** Bloomberg reported that the 7 country ban doesn’t include Muslim-majority countries where his Trump Organisation has done business or pursued potential deals....

It has consequences that affect dual citizens, such as UK Conservative MP Nadhim Zahawi, who will not be able to visit his children who are studying in the US.

Mechanical engineer, author and TV presenter Yassmin Abdel-Magied won’t be able to attend events in the U.S. in which she would have been a keynote speaker because she was born in Sudan.

“One was, ironically, on multiculturalism,” the 2015 Queensland Young Australian of the year told BuzzFeed News.

Airports in the US were thrown into chaos and protests ensued.

Trump said that the ban was “working out very nicely. You see it at the airports, you see it all over," Mr Trump said.

There was some media debate regarding the nature of the order/ban.

Australia’s own chief twerp, the Australian’s Chris Kenny bemoaned on Twitter that the “fact free media” was reporting the travel ban as a “Muslim ban”.

Coincidentally, at the same time on the TV network Kenny’s boss owns in the USA, Former NY Mayor Rudy Giuliani was telling the story of how Trump had asked him to make the “Muslim ban” work legally.

You just can’t make this shit up.

Also on Friday, the American ambassador to the United Nations, Nikki R. Haley, issued a warning to allies, saying in her first remarks at the headquarters of the world body that the Trump administration would hold to account those who do not back the United States.

“You’re going to see a change in the way we do business,” Ms. Haley said.

“Our goal with the administration is to show value at the U.N., and the way we’ll show value is to show our strength, show our voice, have the backs of our allies and make sure our allies have our back as well.”

“For those who don’t have our back,” she added, “we’re taking names; we will make points to respond to that accordingly.”

Taking names......

In related world news, an ex-KGB chief suspected of helping the former MI6 spy Christopher Steele to compile his dossier on Donald Trump may have been murdered by the Kremlin and his death covered up. it has been claimed.

Oleg Erovinkin, a former general in the KGB and its successor the FSB, was found dead in the back of his car in Moscow on Boxing Day in mysterious circumstances.

Also, in Russia, three were arrested charged with treason by the FSB’s internal affairs bureau. “They included Sergei Mikhailov, a deputy director of the Center for Information Security, the agency’s computer security arm, and Ruslan Stoyanov, a senior researcher at a prominent Russian computer security company, Kaspersky Lab. A nationalist publication, Tsargrad, and RBC, a respected business newspaper, identified on Friday a third suspect, Dmitry Dokuchayev.”

China has now stated that “War with the US under Donald Trump is “not just a slogan” and becoming a “practical reality””,

so that’s good.

And that, is where I leave the Trump updates.

It’s obvious that it’s too hard to keep up with the Trump no-sleep-maniac-at-work-ethic, plus no one reads this anyway.

So from me, it’s as Ed Murrow would say:

Good night, and good luck.

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