A recent BSQ case concerning a failed attempt to extradite two Indian citizens by the Government of India has caused significant media controversy.
The Times of India in a report published on the 5th November 2017 comments that this is the second decision in recent weeks where the Westminster Magistrates Court has refused a GOI extradition request. Interestingly, the decision in Chawla (DJ Crane presiding) was based on different legal grounds to the BSQ case of Angurala. In the case of the Angurala's, senior district judge Emma Arbuthnot ruled that it would be unjust to extradite BSQ's clients due to the passage of time - nearly after a quarter of a century - since the fraud was alleged to have taken place - read the decision here. In the case of Chawla, DJ Crane based her decision on likely breach of Article 3 of the European Convention of Human Rights "ECHR" (which prohibits "torture, or inhuman or degrading treatment") if the Requested Person was returned to India:
"(There are) strong grounds for believing that the RP (Requested Person: Chawla) would be subjected to torture or inhuman or degrading treatment or punishment in the Tihar prison complex, due to the overcrowding, lack of medical provision, risk of being subjected to torture and violence either from other inmates or prison staff which is endemic in Tihar," Judge Crane noted in her judgment."
There has been a recent uptick in the number of GOI extradition requests before the UK Courts with six pending in the moment, the most high profile being the case of Vijay Mallya due to be heard in December.
BSQ partner Roger Sahota represented the Anguralas together with Ben Keith of 5 St Andrews Hill Chambers. If you require legal advice in connection with a business crime matter please contact our London offices.