indian extradition

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.