LONDON: District Judge John Zani at the Westminster Magistrate’s Court has rejected extradition challenges of Karachi businessman Jabir Siddiq Motiwala.
Motiwala faces charges related to extortion, blackmailing and importation of drugs. On Thursday, the District Judge referred the extradition case to the Secretary of the State, declaring that Jabir Motiwala’s extradition to the United States of America to face criminal prosecution complies with his Convention Rights within the meaning of the Human Rights Act 1998.
The judge declared: “I also find that there are no bars to this extradition as would intervene to prevent extradition in accordance with the provisions of s.87 (3) of the 2003 Act. I am sending this case to the Secretary of the State for a decision as to whether Jabir Motiwala is to be extradited.”
District Judge John Zani said that Motiwala has right to seek permission to Appeal to the High Court against the Magistrate’s decision. He announced that Motiwala can file an appeal only after Secretary of the State has made her decision. If a decision is made by the Secretary of State to grant this extradition request, his legal team will be pursuing an appeal to the High Court.
Jabir Motiwala has been resisting attempts by the US government since his arrest in London in August 2018. American authorities have accused Motiwala of importing class A drugs, extortion and money laundering in the United States. Jabir Motiwala denies all charges against him and says he has never done anything wrong.
During the last hearing around three months ago, Judge Zani had asked the United States authorities to come clean on whether an “enhanced terror charge” or “terrorism enhancement” will be added on Karachi businessman Jabir Motiwala if he were to be extradited to the US to face importation of drugs and extortion charges, a matter which still remains unresolved.
Motiwala has not been accused of terrorism charges but the indictment issued by the US details Motiwala being a “top lieutenant” of Dawood Ibrahim’s so-called network. Motiwala has denied being a member of any network and so far the court has not seen any evidence linking him with D-company or any evidence showing involvement of Motiwala with D-company or any member of the so-called D-Company being involved with him.
The US authorities – and the Crown Prosecution Service (CPS) – have shown no proof to the court linking Dawood Ibrahim or his alleged network with Motiwala.
Defence Counsel Edward Fitzgerald QC had told the Judge that Motiwala should not be extradited to the US because his human rights under Article 3 will be breached. He had told the court that prison conditions in the US are inhumane and degrading, rendering Motiwala’s life in danger. He made a reference to the medical reports that Motiwala had a history of mental depression and on three occasions he tried to commit suicide.
Fitzgerald QC told the court that the US government agents were in breach of international law when they conducted their operations in Pakistan and obtained evidence involving Motiwala by luring him into a plot related to the import of Class A drugs to the US soil. Fitzgerald QC had told the court that he was not seeking an entrapment defence however the evidence was gathered without the approval of sovereign Pakistani government, therefore international law was breached.
Two American expert witnesses told the Westminster Magistrates’ Court in previous hearings that extraditing Motiwala will put his life at risk in unsafe jails, his mental health will further deteriorate therefore placing him in a high risk of suicide. Motiwala has denied the allegations and his lawyer has previously told the court that his grandfather and father were pivotal in setting up Karachi Stock Exchange (KSE) and belonged to a respectable business family with the history of genuine business credentials.
Motiwala was represented by Counsel, Edward Fitzgerald QC and Daniel Sternberg and lawyers Deepak Vij and Amirah Ajaz of ABV Solicitors. The legal team said Jabir Motiwala will appeal at the London High Court against his extradition.