Lawyers in London’s Westminster Court debated on the condition of toilet and natural light in Mumbai’s Arthur Road jail as the final submissions in fugitive liquor baron Vijay Mallya trial are postponed till September 12.
The embattled Mallya returned to Westminster Magistrate’s Court in London for what he and the gathered throng of journalists thought would be the day that final submissions would be made in his extradition trial.
Instead, Judge Emma Arbuthnot apologised to Mallya as she was only able to hear short submissions. The submissions took the strange form of an exchange between Mallya’s Attorney Clare Montgomery QC and the lawyer for the Crown Prosecution Service (CPS), Mark Summers QC.
The discussion revolved around conditions at Barrack 12 of the Arthur Road jail where the Indian government intends to detain Mallya if he is extradited to India to face charges that he defrauded a consortium of Indian banks to the tune of Rs. 9000 crores.
Mallya’s defence has claimed that he will not face a fair trial if returned to India and would be subjected to “inhuman” conditions if kept at the Arthur Road jail.
Meanwhile, Judge Arbuthnot sought assurances from authorities at the jail and the Indian government that Mallya would not face such conditions if extradited to India.
The defence cited a report compiled by India’s National Human Rights Commission, published in April 2018 following a visit to the Arthur Road jail in December 2018, which raised serious concerns about the facility including concerns about overcrowding and the structural integrity of the largest and oldest jail in Mumbai.
In response to the report, the Indian government sought to reassure judge Arbuthnot that it would ensure humane conditions for Mallya.
In submissions to the court, the Indian authorities outlined that there will be adequate toilet and washing facilities, including private separate toilets – including a Western Commode – and washing facilities that will be regularly cleaned.
The government also reassured the court that Mallya would be provided with adequate bedding – including regularly cleaned bed linen and pillows.
Summers also provided the court with a series of photographs that claim to show that there is adequate natural light inside Barrack 12. The lack of natural light and ventilation had been one of the defence team’s major concerns.

As carried in ANI