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- In the order against the Mallya, the judges said,
- “We consider that while the scope of the prima facie case found by the SDJ [Senior District Judge] is in some respects wider than that alleged by the Respondent in India [Central Bureau of Investigation (CBI) and Enforcement Directorate (ED)], there is a prima facie case which, in seven important respects, coincides with the allegations in India”.
CHARGES AGAINST VIJAY MALLYA
- Mallya and his firm – Kingfisher Airlines Ltd, have come under the scanner for loan defaults of over Rs 10,000 crore to a consortium of Indian banks led by the State Bank of India.
- Enforcement Directorate (ED), Central Bureau of Investigation (CBI),
- Serious Fraud Investigation Office (SFIO), The Securities and Exchange Board of India (Sebi)
- Mallya is facing charges of cheating, criminal conspiracy, money laundering and diversion of loan funds.
- A few of his companies including Kingfisher Airlines are facing charges of violations of the Companies Act 2013 and Sebi norms.
OPTIONS LEFT FOR VIJAY MALLYA?
- Mallya now has 14 days to apply to the UK High Court for permission for an application to certify that-
- A point of law of general public importance has been overlooked by both the magistrate court and the high court.
- If the High Court gives such a permission, he can then appeal against the extradition order in the UK Supreme Court.
- In case the High Court refuses the permission,
- Mallya will not be able to appeal in the Supreme Court.
- In such a situation, his case will go to Priti Patel, the UK secretary of state, Home Department for a final decision on extradition.
- If Patel gives her consent, Mallya can be extradited to India.
- The Secretary of State is required to order extradition unless it is prohibited under certain conditions of UK law.
- Extradition is prohibited under 3 circumstances-
- If the person in question will face death when extradited.
- If the person has already been extradited to the UK from another country.
- If there are no speciality arrangements with the requesting country.