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Vijay Mallya Loses Extradition Appeal In UK Court – Free PDF

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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.

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