Nirav Modi Case: UK Judge Raps Justice Katju, Endorses Mumbai Jail

It was clear in the earlier stages of Nirav Modi’s extradition trial in the Westminster Magistrates Court that the judgement would likely go in India’s favour, when the judge once remarked that he was bound by the ruling in the Vijay Mallya case delivered in the same court in December 2018. Thus, the February 6 judgement recommending Modi’s extradition to the UK home secretary on the ground that there is a case for him to answer in India was not exactly a surprise. But of more interest are the judge’s remarks on Justice Markandey Katju, who deposed on behalf of Modi, and on the Arthur Road jail in Mumbai, where Modi (and Mallya) are to be lodged.

In the UK’s complex extradition arrangements, the magistrates court is the first stage. After all legal avenues are exhausted, the home secretary makes the final decision. Modi will most likely now appeal to the high court within 14 days, as stipulated in the judgement, which means that his actual extradition to India is unlikely to happen anytime soon. Mallya also lost in the magistrates court, as well as in the high court, exhausted all legal options, but remains in the UK, awaiting disposal of a confidential legal matter widely believed to be an asylum application. But unlike Mallya, who remains on bail, Modi is incarcerated in the Wandsworth jail in west London, having been denied bail on several occasions.

The high-profile Mallya trial forced Indian officials in New Delhi and London to make a better case in terms of evidence, response and quality of paperwork. Several previous cases failed due to poor quality of evidence that did not hold up in British courts. Better preparation was evident in the Modi case also, given the volumes of paperwork, data and evidence presented to the court, but some gaps remain, as the judgement notes: “Unlike the evidence from the Defence, the evidence produced by the GOI in the case, through no fault of Counsel, was poorly presented and very difficult to navigate. Observations I note were similarly made by the Senior District Judge…in (the) Mallya (case). I hope the GOI take these observations on board in relation to future requests”.

ALSO READ: Vijay Mallya Offers To Repay 100% Dues

Justice Katju’s deposition by videolink from New Delhi in September was not without drama. Often agitated by questions by the Crown Prosecution Service lawyer, at one point he told her: “I know more English literature than you”, besides making some sensational claims about India’s judiciary and actions of the BJP government.

District Judge Samuel Goozee rejected his deposition in Thursday’s judgement with these words: “In cross-examination, Justice Katju made some astonishing, inappropriate and grossly insensitive comparisons…I attach little weight to Justice Katju’s expert opinion. Despite having been a former Supreme Court judge in India until his retirement in 2011 his evidence was in my assessment less than objective and reliable. His evidence in Court appeared tinged with resentment towards former senior judicial colleagues. It had hallmarks of an outspoken critic with his own personal agenda”.

Secondly, the judge upheld India’s assurances and details of the Arthur road jail, which has been a subject of prolonged arguments and counter-arguments in the Mallya and Modi cases. Allegations that conditions in Indian jails pose a risk to human rights have been one of the key issues cited by the defence team (same in both cases) to object to the extradition.

ALSO READ: Nirav Modi’s Assets Worth 329 Cr Attached

Sovereign sassurances were provided by the Union home ministry that Modi would have access to medical and other facilities in Barrack number 12 of the jail. A detailed video of the cell was also presented to the court, which encouraged the judge to say that conditions in the Mumbai jail would be better than the current ones he is facing in the Wandsworth prison.

The judge said: “There is no doubt in my mind that the conditions (Modi) will experience in Barrack 12 are far less restrictive and far more spacious than the current regime he is being held in within the prison estate in our own jurisdiction… (The) regime awaiting (Modi) in Barrack 12, when you consider the video, would I have no doubt, be an amelioration of his current conditions of detention, especially when considered alongside the extensive assurances provided by the GOI”.

Modi is the latest of several individuals facing serious charges who have sought refuge in the UK. The long-drawn out legal routes in the extradition process, with avenues to appeal, ensure that actual extradition, if it happens at all, is not easy from India’s perspective. The Mallya and Modi cases demonstrate a new, pro-active approach from New Delhi to bring back individuals facing serious charges, but as these two cases show, eventual extradition remains something of a challenge for New Delhi.

Eligible Citizens Can Register On CO-WIN App From March 1

By Priyanka Sharma

The eligible beneficiaries who are entitled to receive the COVID-19 vaccine from March 1, would be able to register themselves on the CO-WIN platform from Monday onwards.

The Central government has created the Co-WIN application dedicated to monitor real time management of COVID-19 vaccination across the country.

India is going start its third phase of COVID-19 vaccination drive to inoculate people above 60 years and those over 45 with comorbidities against the coronavirus from March 1, the Central government has announced on Thursday.

“There are several procedures wherein beneficiaries can get registered themselves for vaccine. The beneficiary would be able to register themselves on the CO-WIN platform from Monday itself,” Chairman of Empowered Group on COVID-19 Vaccine Administration R S Sharma told ANI.

“First, there will be a walk-in provision for the entitled beneficiary to get themselves register at the vaccination site for the vaccine. At the session site, volunteers would help beneficiaries who would have difficulty in registration,” Sharma said.

“Secondly, the newer version of the CO-WIN platform has been enhanced with GPS facility. The beneficiaries can select the option to suitable vaccination session site (both at government and private hospital,” said Sharma adding that the beneficiary will have to use their mobile number for registration.

“During registration, the beneficiary will receive OTP on their mobile number that will help in creating the account on CO-WIN. Beneficiaries will have to present all the necessary documents while registration. One can even get their family members also registered on the account,” Sharma said.

“Third, the beneficiaries can also make registration on CO-WIN application through government’s Arogya Setu Application,” he said.

India is going start its second phase of COVID-19 vaccination drive to inoculate people above 60 years and those over 45 with comorbidities against the coronavirus from March 1, the Central government has announced on Thursday.

“From March 1, people above 60 years of age and those above 45 years of age with comorbidities will be vaccinated at 10,000 governmnet and over 20,000 private vaccination centres. The vaccine will be given free of cost at government centres,” the Union Minister Prakash Javadekar said.

“Those who want to get vaccinated from private hospitals will have to pay. The amount they would need to pay will be decided by the health ministry within 3-4 days as they are in discussion with manufacturers and hospitals,” stated the minister.

India has two COVID-19 vaccine candidates– Covishield and COVAXIN which has received emergency use authorisation from the national drugs regulator.

The Central government launched the biggest vaccination drive on 16 January by first inoculating healthcare workers in the first phase and frontline line workers in the ongoing second phase respectively.

“More than 1.30 crore COVID-19 vaccine doses administered so far. No case of serious/severe AEFI/Death is attributable to vaccination till date,” as per the union health ministry. (ANI)

Rakesh Tikait To Address Farmers Rally In Karnataka

Bharatiya Kisan Union (BKU) leaders Yudhvir Singh and Rakesh Tikait will participate in the farmers’ protest rally in Shivamogga city on March 20, the convener of south Indian states farmer’s movement KT Gangadhar said on Thursday.

BKU general secretary Yudhvir Singh and BKU spokesperson Rakesh Tikait will address the protesting farmers in the southern state and they will also hold Kisan Mahapanchayat in the state.

“The central government passed the farm bills through an ordinance, which is undemocratic. We decided to boycott the laws including the Karnataka state land reforms amendment act. We decided to unit all organizations including pro-Kannada groups, Dalit organizations, we will meet at Shivamogga to show the strength of farmers,” Gangadhar told ANI.

“Farmer leaders including Yudhvir Singh and Rakesh Tikait will participate in the rally. Shivamogga has a history of socialist and farmers movements. Great leaders like Kagodu Thimmappa is with us. This will be a mega movement and we will give a new message to the government, it will gradually expand to southern states,” he added.

Union Agriculture Minister Narendra Singh Tomar has reiterated that the central government is ready to talk to protesting farmers at any time.

This comes as farmer leader Rakesh Tikait had on Tuesday announced plans for marching to the Parliament with 40 lakh tractors in order to intensify pressure on the central government to withdraw the three farm laws.

Since November 26 last year, farmers have been protesting on the different borders of the national capital, against the three newly enacted farm laws: Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; the Farmers Empowerment and Protection) Agreement on Price Assurance and farm Services Act 2020 and the Essential Commodities (Amendment) Act, 2020. (ANI)

FATF Retains Pakistan In Grey List; Next Review In June

Global terror financing watchdog, Financial Action Task Force (FATF) on Thursday retained Pakistan on its “grey list” till June after concluding that Islamabad failed to address its strategically important deficiencies, to fully implement the 27 point action plan that the watchdog had drawn up for Pakistan.

The global watchdog had in October last year asked Pakistan, which has been on the FATF grey list over issues related to terror financing, to deliver on all 27 points by this February.
“To date, Pakistan has made progress across all action plan items and has now largely addressed 24 of the 27 action items. As all action plan deadlines have expired, the FATF strongly urges Pakistan to swiftly complete its full action plan before June 2021,” FATF said in a statement at the outcome of a plenary that began on Monday.

FATF said Pakistan should continue to work on implementing the three remaining items in its action plan to address its strategically important deficiencies, including “demonstrating effective implementation of targeted financial sanctions against all 1267 and 1373 designated terrorists, specifically those acting for or on their behalf.”

The decision came on the final day of the FATF plenary, where governments around the world and partner organisations, including the UN, IMF and World Bank, discussed key money laundering and terrorist financing issues.

Pakistan’s continuation on the “grey” list means that it will not get any respite in trying to access finances in the form of investments and aid from various international bodies including International Monetary Fund (IMF). The latest decision will now further exacerbate its problems given its perilous financial situation.

Earlier, Dawn had reported that some European countries, especially the host France, had recommended to FATF to continue to keep Pakistan on the “grey list” and had taken the position that not all points had been fully implemented by Islamabad.

Pakistan has been on the FATF’s grey list since June 2018 and the government was given a final warning in February 2020 to complete the 27 action points by June in the same year.

Pakistan is facing the difficult task of clearing its name from the FATF grey list. As things stand, Islamabad is finding it difficult to shield terror perpetrators and implement the FATF action plan at the same time.

A research paper by an Islamabad-based think tank recently revealed that Pakistan sustained a total of USD 38 billion in economic losses due to FATF’ decision to thrice place the country on its grey list since 2008.

The research paper titled “Bearing the cost of global politics — the impact of FATF grey-listing on Pakistan’s economy” states that that grey-listing events spanning from 2008 to 2019, may have resulted in total GDP losses worth USD 38 billion, The Express Tribune reported.

The report published by Tabadlab said the losses are worked out on the basis of a decrease in consumption expenditures, foreign direct investment and exports. (ANI)

Bank Loan Default

UK Court Orders Extradition Of Fugitive Nirav Modi

A UK court on Thursday ordered fugitive diamond dealer Nirav Modi to be extradited to India to stand trial after dismissing arguments of his “mental health concerns,” saying they are not unusual in a man in his circumstances.

A District Judge at the Westminster Magistrates’ Court, delivered the judgment and said that the fugitive diamantaire has a case to answer for in India.
The UK extradition judge will send an order to extradite Nirav Modi to UK Home Secretary who will now decide the billionaire’s fate. Modi is expected to appeal the decision in the High Court.

This ruling comes after a nearly two-year-long legal battle of Nirav Modi’s extradition, who is wanted for money laundering in the Punjab National Bank (PNB) scam.

The judge further ruled that Nirav Modi will not be denied justice if he is extradited to India, adding that the diamond dealer conspired to destroy evidence and intimidate witnesses.

Furthermore, the UK judge also dismissed Modi’s defence claims that the justice Minister of Law and Justice Ravi Shankar Prasad tried to influence the case against the billionaire.

The UK judge also ruled that Barrack 12 at Arthur Road jail is fit for Nirav Modi.

Apart from charges relating to defrauding PNB through the use of fraudulent loan agreements to the tune of USD 2 billion, Modi also faces charges of money laundering, destruction of evidence and witness intimidation. (ANI)

Wagah Border Ceremony

Indian, Pakistan Armies Agree Over Ceasefire At LoC

After discussions between the Director Generals of Military Operations of India and Pakistan, the two sides have to cease firing along the Line of Control and all other sectors with effect from midnight of February 24 to 25.

The discussion between the two armies took place at a time when a large number of ceasefire violations were taking place along the LoC and violence levels were going up especially for the villagers living along the LoC on both sides.
“Both sides agreed for strict observance of all agreements, understandings and cease firing along the Line of Control and all other sectors with effect from midnight of February 24 to 25,” a joint statement issued by the Defence Ministry said.

In the talks, the two armies reviewed the situation along the Line of Control and all other sectors “in a free, frank and cordial atmosphere”.

Both sides held discussions over the established mechanism of hotline contact.

According to the statement, the two DGsMO agreed to address each other’s core issues and concerns which have the propensity to disturb the peace and lead to violence in the interest of achieving mutually beneficial and sustainable peace along the borders.

During the discussions, both sides reiterated that existing mechanisms of hotline contact and border flag meetings will be utilised to resolve any unforeseen situation or misunderstanding.

The Indian Army has also made it clear that there will be no let-up in its counter-terrorist or counter-infiltration operations against terrorists backed by the Pakistan Army along the LoC and the hinterland in Jammu and Kashmir. (ANI)

When Will Govt Build Smart Cities, Clean Rivers: Akhilesh

Samajwadi Party chief Akhilesh Yadav on Thursday said that BJP should give an answer to the people regarding when will smart cities be built and rivers cleaned.

Speaking to the media, Akhilesh Yadav said, “People of UP gave the majority to BJP so that they could work on their ‘Sankalp Patra’ (resolution) after coming to power. However, when it came to power, the BJP forgot about the Sankalp Patra promised to the public.”
“BJP should give an answer to the people when will smart cities be built. They took the oath of ‘Maa Ganga’ to clean the river, but why is it still not clean. They had taken the ‘Sankalp’ of cleaning all the rivers in the country, but it is not happening,” Yadav said.

He further said, “The government is saying that it has to accumulate Rs 2.5 lakh crore. The way prices of petrol and diesel have increased, Rs 2.5 lakh crore must have been accumulated by the government a long time ago. Moreover, if things are sold to private enterprises then what will happen to the rights guaranteed by the Constitution (like jobs and reservation).”

“The BJP deliberately does not talk about the economy, jobs, inflation. Every section of the society is affected by inflation,” the SP chief added. (ANI)

Grievance Redressal Must For OTT, Online Channels

The new guidelines issued by the government of India on Thursday mandated a grievance redressal system for over the top (OTT) and digital portals in the country.

Briefing the media about the development, Union Minister Ravi Shankar Prasad said that though the government welcomes criticism and the right to dissent, “but it is very important for the users of social media to have a forum to raise their grievance against the misuse of social media.”

He said that concerns have been raised over the years about rampant abuse of social media, and the Ministry has held widespread consultations and prepared a draft in December 2018.

“There’ll be two categories, intermediary which can be social media intermediary and significant social media intermediary. They will have to have a grievance redressal mechanism, you will also have to name a grievance officer who shall register the grievance within 24 hours and disposal in 15 days,” he said.

“If there are complaints against the dignity of users, particularly women – about exposed private parts of individuals or nudity or sexual act or impersonation etc – they will be required to remove that within 24 hrs after a complaint is made. This is designed to respect the dignity of women,” he added.

Prasad said that significant social media has to do three things, “First, they will have to have a chief compliance officer residing in India responsible for ensuring compliance of the act and the rules. Second is a nodal contact person who should reside in India for 24X7 coordination with law enforcement agencies. Also, they have to appoint a resident grievance officer who shall perform the grievance redressal mechanism as indicated. They also will have to publish a monthly report about the number of complaints received and the status of redressal,” he stated.

Talking about OTT platforms, Union Minister Prakash Javadekar said that the government has decided to have a three-stair mechanism for OTT platforms.

“OTT and digital news media will have to disclose their details. We are not mandating registration, we are seeking information. There should be a grievance redressal system in OTT platforms and digital portals. OTT platforms will have to have a self-regulating body, headed by retired Supreme Court or High Court judge or very eminent person in this category,” he said.

Content on OTT platforms has recently fuelled controversy, leading to public outcry and the booking of makers of some programmes.

Union Minister of Information and Broadcasting Prakash Javadekar on January 31 announced that the Ministry will soon release guidelines on OTT platforms as it had been receiving a lot of complaints against some serials available here. (ANI)

Sushmita Sen Kickstarts ‘Aarya-2’

Former Miss Universe and Bollywood actor Sushmita Sen on Thursday announced that shooting has begun for the second season of her much-anticipated thriller drama series ‘Aarya’.

The ‘Main Hoon Na’ actor took to her official social media accounts to share the news. She posted an extreme close up picture of her eyes where are luscious locks are seen covering half of her face.

She went on to compliment the post with a short note dedicated to the film and its team and wrote, “She sees a storm coming…in the mirror!!! #Aarya #season2 ‘your wish is our command’ I love you guys!!! Let’s do this @madhvaniram @officialrmfilms @disneyplushotstarvip #TeamAarya #duggadugga.”

To which the director of the series, Ram Madhvani welcomed her by replying, “Welcome back Aarya” in the comments section.

Sen made her comeback with the Indian crime drama web television series ‘Aarya’ for which she had bagged the title ‘Best Actor in drama series’ by eminent entertainment award platforms like Filmfare, Dada Saheb Phalke, Film Critics Guild, Raj Kapoor Award.

Directed by Ram Madhvani, the series, apart from Sikandar Kher, Manish Chaudhari, and Namit Das, also featured actor Chandrachur Singh and Vinod Rawat in the first season. (ANI)

Caught In Debt Trap, Pak Asks China For Power Project Relief

In China’s debt-trap diplomacy, Pakistan is struggling to repay loans for power projects under President Xi Jinping’s Belt and Road Initiative (BRI) and seeks to reschedule as much as USD 22 billion in outstanding credits.

In recent years, Chinese loans have fueled a massive buildout of Pakistan’s power generation, financing that has turned a perennial electricity shortfall into a now-massive capacity surplus that the highly indebted nation can increasingly ill-afford, Asia Times reported.
In those debt-rescheduling talks, Pakistani officials are also reportedly asking their Chinese counterparts to decelerate agreed plans to build even more power plants that would add to the overcapacity problem.

“Yes, we have accelerated efforts to get some sort of relaxation from Beijing either in the power purchase mechanism or on the mode of payment of capacity cost,” Asia Times quoted the source as saying.

According to the source, a high-level delegation led by Pakistani President Arif Alvi visited Beijing last March to discuss the possibility of a 2.5 per cent cut in the present interest rate on power sector-related loans at Libor plus 4.5 per cent.

“[Alvi] also discussed with his Chinese counterpart a 10-year extension in the debt repayment period. These two rebates, if approved, would save [Pakistan] about USD 600 million annually,” said the source.

The Pakistani government has recently reapproached Chinese officials on the issue but no information has leaked out in the public domain on their exchanges, reported Asia Times.

“First, the power purchase agreements made with Beijing provide for a highly overrated power supply, which eats up roughly USD 1.6 billion annually. Another USD 1.8 billion goes into power pilferage and line losses, and yet another USD 9 million is consumed in recovery losses of power dues from consumers,” Asia Times quoted Dr Farrukh Saleem, an Islamabad-based political economist, analyst, and columnist, citing official statistics on power sector losses incurred by the state.

Saleem said that the recent COVID-influenced downturn in gross domestic product growth from 5.8 per cent in 2018 to -0.4 per cent in 2020, the first time Pakistan’s economy dipped into negative growth in over seven decades, has curtailed electricity demand across the country.

“This rendered thousands of megawatt electricity surplus, on which the government pays capacity charges in line with the agreements,” Saleem added.

Experts say that if the current overcapacity problem and debt repayment terms persist, the government’s overall power sector liability may balloon beyond 1.5 trillion rupees (USD 9.4 billion) by the end of 2023, reported Asia Times.

Asia Times further reported that official estimates indicate that Pakistan’s energy-related debts will rise to 2.8 trillion (USD 17.5 billion) rupees by the end of June under current Belt and Road terms and conditions. The figures show that power sector liabilities surged by 538 billion rupees (USD 3.4 billion) in just one year from July 2019 to June 2020.

Official figures indicate that Pakistan’s total debt servicing liability could surpass USD 14 billion by the end of the year, at a time foreign exchange reserves are hovering around USD 13 billion.

That’s leading some analysts to the conclusion that China’s Belt and Road lending to Pakistan is becoming a “debt trap”, as total external debts and liabilities hit USD 115.76 billion at the end of 2020 and more owed in 2021 for what are now seen as unproductive Chinese power sector investments, Asia Times reported. (ANI)