Table of Contents
The Last Appeal !
- 14 May 2020 – Vijay Mallya lost his application in High court, seeking leave to appeal in the UK Supreme Court
- Thus, he cannot appeal in any UK Court against his extradition anymore .
- The rejected appeal sets a 28-day clock on extradition proceedings.
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)
Vijay Mallya, personally is facing charges of
- Cheating
- criminal conspiracy
- money laundering
- 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.
The long legal battle in UK to bring back Mallya
- March 2016 – Vijay Mallya flew out to London,UK
- February 2017 – Extradition request made by Indian Government
- April 2017 – Arrested and released on bail
- October 2017 – Again arrested and released on bail
- December 2018 – Magistrate court (Lower court) in London gives approval for his extradition
- April 2020 – High court rejected his appeal against the lower court judgement and approved his extradition
- May 2020 – He appealed in High court to further appeal in the UK Supreme court – REJECTED
- The rejection of permission to appeal has likely ended the legal options available for him in the UK to avoid extradition.
Over to the Executive
- UK Home Secretary Priti Patel will now take the final call to formally certify the court order for Mallya to be extradited within 28 days to India.
- It is expected that UK Govt will not stop the extradition process.
But can they?
- 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 arrangementswith the requesting country.
The EU Court option still open!
- Mallya could still approach the European Court of Human Rights (ECHR)
- He can use the Article 3 of the European Convention on Human Rights, to which the UK is a signatory, claiming that he will not get a fair trial and the detainment conditions.
- Covid 19 cases in Jail
The Strasbourg Court
Why does it take so long to extradite fugitives from UK?
- India and the UK signed extradition treaty in 1992 and it became effective in 1993.
- The process of extradition from the UK is a rather complex one.
- Britain’s legal system is biggest hurdle in the process with several checks and balances in the process of extradition.
Latest Burning Issues | Free PDF
WhatsApp