Two requested persons have been discharged from extradition to India on grounds of prima facie case, prison conditions and abuse of process.
The complicated proceedings lasted six years. In 2019, Mr Virkaran and Mrs Ritika Awasty were each arrested pursuant to two extradition requests from India. The allegations concerned two alleged frauds arising from the operation of, and sale of shareholdings worth about £120million in, a well-known rice trading company, Bush Foods Overseas Pvt. Ltd.
In 2021, in relation to the first request, Mrs Awasty was discharged on the grounds that there was insufficient evidence to establish a prima facie case against her. In 2022, Mr Awasty was also discharged on the first request after the Secretary of State issued a deficient order resulting in a failure to order his extradition in time. India did not appeal either decision. In 2024, India re-issued the first request against Mr Awasty only. In April 2025, the Senior District Judge reversed his original decision discharging Mr Awasty on grounds of prima face case, prison conditions and abuse of process. India did not appeal.
In 2021, in relation to the second request, Mr and Mrs Awasty’s extradition was ordered. They appealed on grounds of prima facie and prison conditions. In April 2025, ahead of a three day appeal before the Divisional Court listed in May 2025, India conceded the appeal resulting in their discharge.
Adam Payter represented Mr and Mrs Awasty at first instance and Mr Awasty in the appeal proceedings. Rosemary Davidson represented Mrs Awasty in the appeal proceedings.
