extradition solicitor

BSQ Instructed in Another Indian Extradition Challenge

BSQ partner Roger J Sahota has been instructed in another challenge to an extradition request brought by the Government of India

This follows on from a successful BSQ defence application for an extradition request to be discharged in the recent case of Angurala.

Extradition requests from the GOI are now attracting keen media interest in India, particularly with the Westminster Magistrates Court due to pass judgement on the GOI request made in the case of Vijay Mallya on December 10 2018.

Further details can be found here.

Roger Sahota is an expert in international criminal law and defending extradition cases. If you require advice in relation to an extradition request please call our London office.

BSQ Extradition Success Causes Controversy in Indian Media

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. 

CPS Decline to Appeal BSQ Indian Extradition Success

The CPS acting on behalf of the Government of India (GOI) have declined to appeal the decision of the Chief Magistrate to reject the GOI's request to extradite two individuals in an important fraud case. Both clients were represented by BSQ partner Roger Sahota.

Details of the original decision can be found here. 

Indian extradition cases are rare and the decision is a notable victory for our private crime team. 

Roger Sahota is an acknowledged expert in international criminal law. Counsel instructed was Ben Keith of 5 St Andrews Hill and Ben Cooper of Doughty Street Chambers.

If you require representation in relation to a pending business extradition case contact our London offices.

Government of India Fraud Extradition Request Refused

After two years of litigation the Chief Magistrate has rejected the Government of India’s request to extradite two individuals in an important fraud case. Both clients were represented by BSQ partner Roger Sahota.

Following a four day hearing last week at Westminster Magistrates Court in the case of the Government of India and JA and ARA, Chief MSM Arbuthnot held that extradition was barred due to the passage of time. The allegations made against the Requested Persons dated back between 24 and 27 years.

The Judge held that section 82 of the Extradition Act applied as it would be unjust or oppressive to extradite the requested persons due to the passage of time. In the Judgment the Court highlighted failures and delays ion the part of the CBI, the Indian FBI to make enquiries of the requested persons whereabouts in the UK.

Several expert witnesses were engaged on the part of the requested persons in support of submissions the Court was not required to rule on, including failures on the part of the Government of India to meet internationally recognised detention and fair trial standards.

The full judgment is available here.

Roger Sahota is an acknowledged expert in international criminal law. Counsel instructed was Ben Keith of 5 St Andrews Hill and Ben Cooper of Doughty Street Chambers.

If you require representation in relation to a pending business extradition case contact our London offices.

India Extradition – Closing Submissions 

After a week long hearing before the Westminster Magistrates Court, closing submissions have concluded in BSQ’s contested fraud extradition case concerning a request made by the Government of India. The Court heard evidence from our Indian legal expert and Indian officials concerning Indian legal procedure and prison conditions in response to our submissions these were not in conformity with international human rights standards. 

Judgement is expected in May.

Extradition requests from India are rare and the decision in this case will be of interest to extradition and international criminal lawyers. Roger Sahota is the instructing solicitor. 

VP v Lithuania – EAW challenges face further hurdles

In 2015 the Government responded to criticism over a number of controversial cases where UK subjects extradited under the EAW faced lengthy pre-trial detention by amending the Extradition Act 2003 (see BSQ blog).  An amended s12A was inserted into the Act creating a new bar to extradition where there was likely to be a long delay before trial in the requesting state.

In Puceviciene v Lithuanian Judicial Authority [2016] EWHC 1862 (Admin) (“VP v Lithuania’) the Divisional Court has now provided guidance on the operation of s12A. With the Lord Chief Justice presiding, the new guidance will be disappointing to many practitioners – all three cases under appeal failed and it is expected that s12A will be more narrowly applied in future as a result. In short the decision rendered means that the questions to be considered when applying s12A include;

1.     Whether a decision had been made in the requesting state by a continental prosecutor to put the requested person (RP) on trial as opposed to charging him (the position under the previous authority Kandola v Germany [2015] EWHC 619 Admin 1 WLR 5097 (DC);

2.     The focus should be on whether decision had been made – not if formal legal steps had been taken leading to a trial;    

3.     The s12A bar cannot be relied on where the sole reason for the failure to reach a decision is the wanted persons absence – in many EAW countries the prosecutor is required to question a suspect before proceeding with a case – the court should not enquire if the Requesting State could use mutual assistance provisions to interview the RP in the UK;

4.     Timing – the question is whether a decision to try the RP has been made at the time the request is before the UK courts – not the time the request was made. 

 

 

Contested Indian Extradition Proceedings Adjourn

After a 5-day hearing Berkeley Square Solicitors Indian extradition challenge has adjourned.

During the course of the week Westminster Magistrates Court heard expert evidence from Indian counsel Mr Arjun Sheoran and Dr Alan Mitchell concerning the conditions of detention in Indian prisons and the compatibility of trial provisions in India with applicable international standards. On behalf of the Government of India expert evidence was adduced from a Chief Prisons Warden and Police Superintendent.

The hearing resumes in late November. 

 

Indian Extradition Challenge Commences

Berkeley Square Solicitors represent both requested persons in contested extradition proceedings involving an extradition request from the Government of India. The case is listed to begin this week before DJ Purdy and is scheduled to last for five days before Westminster Magistrates.

Our clients are both accused of involvement in a long running bank fraud. Extradition requests from India are relatively rare. The Requested Persons objections are founded on challenges under Article 3 of the ECHR (Indian prisons do not meet international standards) and Article 6 (fair trial guarantees do not meet international standards).

Counsel instructed are Ben Keith of 5 St Andrews Hill and Ben Cooper of Doughty Street Chambers. Roger Sahota is the instructing solicitor. 

Roger Sahota instructed in Indian Extradition Challenge

Roger Sahota has been instructed in a request to extradite two persons accused of serious fraud made by the Government of India before the Westminster Magistrates Court.

The extradition request will be vigorously resisted and is expected to be heard in 2016. Bars to extradition that will be raised include challenges to the request as an abuse of process and allegations of judicial corruption related to the proceedings in India.

Roger Sahota is one of the leading solicitor experts in international criminal law.

Counsel instructed are Ben Keith of 5 St Andrews Hill and Ben Cooper of Doughty Street Chambers