NEW DELHI: A barrister acting for the government of India in the extradition case of Gujarati alleged land mafia gangster Jayesh Patel has accused Patel of lying and inventing PTSD (post traumatic stress disorder) in order to evade extradition to India where he is accused of very serious offences, including murder.
Jayesh Patel, 42 , whose real name is Jaysukh Ranpariya, is accused of being the mastermind behind the murder of Jamnagar lawyer Kirit Joshi in 2018, and of the attempted murder of three others in Gujarat.
He appeared at his extradition hearing via videolink from Belmarsh prison in London on Tuesday.
In a bid to have his extradition rejected on human rights grounds, Patel claims he was attacked and tortured whilst in police custody in India and has been suffering from post traumatic stress disorder ever since.
Clair Dobbin QC, from the Crown Prosecution Service, representing the government of India, told Westminster Magistrates’ Court in London that it was ludicrous that someone accused of murder would not have to stand trial simply because they have PTSD and claimed he had fabricated his illness to evade extradition, pointing out he had not sought hospital treatment nor reported the attack to the police and nor had he received any treatment for it.
“He is not just accused of murder and other offences. He took himself out of India to this jurisdiction in order to commit those offences – far from this accused being some sort of popular hero or activist in Gujarat, he inspired fear among the people he lived with. It was only when the accused was in the UK that victims came forward to say how they had been treated at the hands of the accused,” she said. She warned the judge ought to be careful about Patel “manipulating the court” and said there was “ample evidence” he was exaggerating his PTSD.
She said he had no family or friends in the UK and could not speak English so was isolated in Belmarsh prison and would be better off in a three square metre Gujarat prison cell given the government of India assurances about his treatment and the fact there was less drug and alcohol abuse in Gujarat prisons.
To assuage concerns that Patel might receive an irreducible sentence in India, which would violate article 3 of the European Convention on Human Rights, Dobbin pointed to the assurances from the government of India which stated that if convicted and sentenced to life imprisonment, Patel would be eligible to apply for premature release after 14 years.
She refuted the notion that Patel was a “thorn in the side of Reliance Industries” because he had “ran a campaign against Mr Nathwani” and so would not receive a fair trial in India branding this as “hearsay.” She said he was a “dangerous manipulative person as far as India is concerned”.
“The court need to assess the credibility of the assertions that his prosecution is politically inspired and he was ill treated at the hands of India. Nothing he did is consistent with someone coming here to get humanitarian protection. He has had recourse to false ID documents and bank cards and did not claim for asylum. He lay low for a long time as had false ID. When he left India he travelled to Dubai to set up a business and came to the UK and after that he left to UK to travel in and out of China for business reasons.” she said.
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