Vijay Mallya's extradition may not be easy, warn legal experts

Jerome Frank
Апреля 19, 2017

While he is wanted in multiple cases like cheque dishonor, loan default and fun diversion, it will require a long process to bring him back to India, albeit Britain accepting India's request to start his extradition process.

However, sources in CBI as well as the MEA emphasised the importance of the arrest by saying it marked the beginning of the extradition process which now has to reach a "logical conclusion".

Liquor tycoon Vijay Mallya was arrested on Tuesday by the Scotland Yard in London.

"Officers from the metropolitan police's extradition unit have this morning arrested a man on an extraction warrant".

"Mallya was arrested on behalf of the Indian authorities in relation to accusations of fraud", the statement said.

This came after Mallya got arrested in London by the Scotland Yard. "It was a voluntary action".

Mallya downplayed the news and tweeted it was the "usual Indian media hype". "Criminals will not be spared", Mr Gangwar told reporters in New Delhi after the arrest.

The government, he said, will leave no stone unturned to bring to justice anyone indulging in financial irregularities.

India had asked Britain to extradite Mallya to face trial after the liquor and aviation tycoon fled there last March after banks sued to recover about Rs90bn ($1.4bn) that Indian authorities say Kingfisher owes.

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Mallya has repeatedly dismissed the charges against him and defended himself in messages on Twitter.

Under Article 9 of the extradition treaty, Mr. Mallya has recourse to several grounds to oppose India's request for his custody. Mallya fled the country on March 2 a year ago after he was booked for financial misappropriation and defaulting loan from banks to the tune of Rs 9000.

He has a base in London as well as a country home bought from the father of triple Formula One world champion Lewis Hamilton.

One of the CBI cases accuses Mallya of is defaulting on a Rs 6,200-crore loan advanced by a State Bank of India-led consortium of 17 banks.

"It took three years for the BJP government to move the United Kingdom authorities in February 2017". Over the next few hearings, the judge will decide if the offence is an extraditable offence, whether there are any bars to the extradition and if the extradition is compatible with the person's rights under the European Convention on Human Rights.

So if India has every document proving Mallya's guilt, why would the process take time?

They revoked the diplomatic passport to which he was entitled as a member of India's parliament, and issued a warrant for his arrest.

In case of a warrant, the person is arrested and brought before the court for preliminary hearing followed by an extradition hearing before a final decision is taken by the secretary of state. However, unlike Mallya, he had submitted to the extradition order without legal challenge.

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