By Murtaza Ali Shah
LONDON: Jabir Motiwala has been granted leave to appeal against his extradition to the United States on the charges of alleged extortion, blackmailing, and import of Class A drugs — charges which he strongly denies.
Judge Honourable Sir Ross Cranston at the London High Court allowed him to file an appeal against the US extradition bid. He has been in Wandsworth Prison for nearly three years without any conviction and without being admitted on bail.
This correspondent has learnt from sources at the London High Court that Motiwala has been granted the right to appeal on two grounds. The first ground is on the breach of Article 3 of the European Convention on Human Rights (ECHR).
Motiwala’s lawyers have argued before the court that extradition judge at the Westminster Magistrates’ Court, while permitting the extradition, did not take into consideration the real situation of the US prison conditions where Motiwala will be incarcerated if extradited to face charges. Judge Sir Ross has ruled that further representations should be considered by the High Court about the US prison conditions under Article 3 of the ECHR.
The second ground, on which the appeal right has been granted, is Motiwala’s fear that the US prosecution will add terrorism charges or a terrorism enhancement to his case if he were to be extradited to USA. The US government failed to give a clear undertaking at the Westminster Magistrates’ Court that there will be no enhancement of terrorism charges if Motiwala is extradited.
Queen’s Counsel Edward Fitzgerald QC, Daniel Sternberg and solicitors Deepak Vij and Amirah Ajaz of ABV Solicitors had launched the appeal.
The US is seeking Motiwala’s extradition alleging that he was involved in a conspiracy to launder money, to collect credit extensions by extortionate means and to import narcotics to USA. Motiwala was arrested in London in August 2018 during a raid.