The judge said she was satisfied there was a prima facie case against Chawla over his role in the fixing of “cricket matches played between India and South Africa during the tour of the South African Cricket Team to India under the captainship of Hansie Cronje in February-March 2000”.
However, on hearing expert evidence from Dr Alan Mitchell, a licenced medical practitioner and a former medical officer at a Scottish prison, she ruled in favour of Chawla on the grounds that his human rights would be violated in Tihar Jail under Section 87, Article 3 relating to “prohibition of torture, or inhuman or degrading treatment”.
The Anguralas were wanted for fraud dating back to between 1990 and 1993 against the public sector bank, causing a total loss of about 24,000 pounds.
Jatinder Angurala was accused of fraudulently sanctioning and paying out loans to himself, his wife and co-conspirators during that period. He later admitted irregularities and promised to repay the bank and deposited some money but did not repay all the money taken.
“I find I am not sure he is a fugitive and his extradition is barred by reason of passage of time as I find it would be unjust and oppressive to extradite him by reason of the quarter century that has passed since the alleged offence,” Judge Arbuthnot said in reference to Jatinder.
“He is aged 69, not in the first flush of youth, he has minor health issues it is just too late and it would be wrong to extradite him now,” she notes.
Besides Mallya, there are now five Indian extradition requests pending in UK courts involving fugitives Rajesh Kapoor, Tiger Hanif, Atul Singh, Raj Kumar Patel and Shaik Sadiq, based on a government statement made in the Rajya Sabha earlier this year.