Mallya Extradition: Westminster Court Order Reaches UK Home Office
62-year-old former Kingfisher Airlines boss has been on bail since his arrest on an extradition warrant in April.
The UK Home Office on Wednesday, 12 December confirmed the receipt of the Westminster Magistrates' Court verdict in favour of Vijay Mallya's extradition to India.
After Chief Magistrate Judge Emma Arbuthnot on Monday, 10 December ruled that the "flashy" liquor baron had a "case to answer" in the Indian courts on allegations of fraud and money laundering amounting to nearly Rs 9,000 crores, the decision now lies with Home Secretary Sajid Javid to formally order the extradition.
The court had ruled that Mallya can be extradited to stand trial on the charges brought by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). The judge referred the extradition case to Secretary of State.
Mallya has 14 days to challenge the verdict in the High Court.
- The 62-year-old former Kingfisher Airlines boss has been on bail since his arrest on an extradition warrant in April 2018
- Both the Indian govt and Mallya can appeal in the High Court within 14 days of the verdict
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What Are the Options Before Indian Govt
On the other hand, the Indian government would also have 14 days to file leave to appeal to the High Court, seeking permission to appeal against a decision not to extradite.
"In case the concerned individual does not file an appeal, and Secretary of State agrees with the magistrate's decision, then the individual must be extradited from the UK within 28 days of the Home Secretary's extradition order.
"This will also apply if an appeal lodged by either party in the High Court is unsuccessful, but the 28 days will commence from the date when the appeal hearing was concluded," said Reddy.
If the judgment goes ahead as scheduled on Monday, it would mark a significant point in this high-profile extradition trial that has lasted over a year.
Mallya Can Appeal Ruling in 14 Days
In relation to the defence's attempts to dispute Indian prison conditions as a bar to Mallya's extradition on human rights grounds, the judge had indicated to the CPS that she did not require any further information in reference to the prison conditions awaiting Mallya at Barrack 12 of Mumbai's Arthur Road Jail after seeking a video of the cell.
"If the judge is satisfied that all of the procedural requirements are met, and that none of the statutory bars to extradition apply, he or she must send the case to the Secretary of State for a decision to be taken on whether to order extradition," explains Pavani Reddy, a UK-based legal expert and Managing Partner of Zaiwalla & Co.
The judge's decision on whether to send Mallya's case to UK Home Secretary Sajid Javid can be appealed with the UK High Court's permission, with the person to be extradited entitled to make an application for permission to appeal to the High Court within 14 days of the date of the Chief Magistrate's ruling.
Background of Trial
The trial, which opened at the Magistrates' Court on 4 December last year, has gone through a series of hearings beyond the initial seven days earmarked for it.
It opened with the Crown Prosecution Service (CPS) team, led by Mark Summers, laying out the Indian government's prima facie case of fraud and money laundering against Mallya. Summers sought to establish a "blueprint of dishonesty" against the businessman and that there are no bars to his extradition on human rights grounds.
Mallya's defence team, led by Clare Montgomery, deposed a series of experts in an attempt to prove that the erstwhile Kingfisher Airlines' alleged default of bank loans was the result of business failure rather than "dishonest" and "fraudulent" activity by its owner.
The court was also told that a consortium of Indian banks, led by the State Bank of India (SBI), rejected an offer by the liquor baron in early 2016 to pay back nearly 80 percent of the principal loan amount owed to them.
Extradition Case Politically Motivated, Says Mallya
Vijay Mallya has contested his extradition on the grounds that the case against him is "politically motivated" and the loans he has been accused of defrauding on were sought to keep his now-defunct airline afloat.
"I did not borrow a single rupee. The borrower was Kingfisher Airlines. Money was lost due to a genuine and sad business failure. Being held as guarantor is not fraud," he said in his recent Twitter post on the issue.
"I have offered to repay 100 per cent of the principal amount to them. Please take it," the flamboyant businessman tweeted earlier.
Karnataka HC to Review Mallya’s Offer
The Karnataka High Court agreed to review Mallya’s offer of paying '100% due to banks'. The plea will be heard on 17 December, reported Times Now.
Earlier, Mallya had offered to pay back “100% of the principal amount” he owes to banks.
“I see the quick media narrative about my extradition decision. That is separate and will take its own legal course. The most important point is public money and I am offering to pay 100% back. I humbly request the banks and government to take it. If payback is refused, why?” Mallya had said in the first of a series of tweets.
CBI Joint Director Leaves for UK to Attend Hearing
A team of officials, led by the CBI's Joint Director S Sai Manohar, left for London on Sunday, 9 December, to attend the crucial hearing in the extradition case of Vijay Mallya on Monday, 10 December, PTI reported, citing sources.
Manohar will take the place of Special Director Rakesh Asthana, who had been attending the trial till now. The government had sent Asthana on forced leave, divesting him of all powers after he and CBI Director Alok Verma entered in a bitter feud.
Two officials of the Enforcement Directorate are also accompanying the CBI officer, sources said. Manohar is part of the SIT earlier headed by Asthana.
Mallya Extradition Case: Arthur Road Jail Keeps High-Security Cell Ready
Authorities at the Arthur Road prison in Mumbai have kept a high-security cell ready for Vijay Mallya if he is extradited from UK in connection with loan default cases against him in India, PTI reported, citing an official.
A high security cell has been kept ready at the jail located in central Mumbai, he said.
"We are fully prepared to lodge him safely at our correction centre. If he is brought here, we will take care of his safety and security," the official said.
In case of a medical emergency, Mallya can be treated at the dispensary located close to the barrack, where doctors and other staff are present to provide basic treatment to prisoners, he said.
The high-security barracks are located separately from other cells. These barracks are under constant CCTV surveillance and security guards with sophisticated arms are deployed there, he added.
An official from the Union Ministry of Home Affairs earlier said Mumbai's Arthur Road Jail was one of the best in the country.
The comments had come after a court in the UK asked Indian authorities to submit a video of the Arthur Road Jail cell where they plan to keep Mallya following his extradition.
The official said adequate medical facilities were available to treat prisoners in Arthur Road Jail, where Mallya would get full security cover as an undertrial prisoner, and it was highly secured in accordance with international standards.
The central government has already conducted an assessment of security cover given to prisoners in the Arthur Road Jail and its findings conveyed to the UK court.
(PTI)
UK Court Allows Extradition of Vijay Mallya
The Westminister Magistrates' Court in London today allowed the extradition of Vijay Mallya. The matter of Vijay Mallya's extradition to India has now been referred to the Secretary of State.
The UK allowed the extradition of Vijay Mallya after Chief Magistrate Judge Emma Arbuthnot found prima facie a case against Mallya for fraud, conspiracy and money laundering.
'We Hope to Bring Him Soon': CBI on Vijay Mallya Extradition
CBI Spokesperson Abhishek Dayal said the agency has come to know from media reports that Mallya's extradition was ordered by a London court.
" the spokesperson said.
Mallya's Case Not Just Repayment... Involves Criminal Deeds: Former Employee
As the UK court allowed the extradition of Vijay Mallya, Neetu Sharma, former Kingfisher employee said:
Jaitley Welcomes Mallya's Extradition Order
Following the UK court's order, Finance Minister Arun Jaitley in a tweet said it is "a great day for India".
“No one who cheats India will go scot free. The judgment of the UK’s court is welcome. An offender benefited during the UPA. The NDA brings him to book.”
'Vijay Mallya Extradition Not Important': Rahul Gandhi on UK Court Order
"Vijay Mallya extradition is not important,” said Congress President Rahul Gandhi after a UK court allowed the extradition of the fugitive liquor baron, who is wanted in India in fraud and money-laundering charges amounting to an estimated Rs 9,000 crores.
“What important is the corruption done with Indian banks. Why not we talk about Rafale. Why only about Mallya,” Gandhi added.
'A Major Victory to UPA' Scam': Rajyavardhan Rathore on Mallya's Extradition Verdict
“The UK court order of Vijay Mallya's extradition to India is a MAJOR victory in our war on UPA's scams” said Union minister Rajyavardhan Singh Rathore after UK court allowed the extradition of Vijay Mallya to India.
“The government's relentless persistence, under PM @narendramodi ji's leadership and focus, has resulted in this win for INDIA,” Rathore wrote on Twitter.
'Great Victory for Govt': Suresh Prabhu on Mallya's Extradition Verdict
Following Mallya's extradition order, Union minister Suresh Prabhu, in a tweet, said it is "a great victory for government’s relentless effort.”
'Modi' Promise to Nation Fulfilled': Piyush Goyal
Reiterating Prime Minister Narendra’s Modi claim on getting Vijay Mallya back to India, Union minister Piyush Goyal, in a tweet, said it is "a great victory".
Goyal’s tweet came after a UK court allowed Mallya's extradition.
BJP Leader Subramanian Swamy Reacts to Vijay Mallya's Extradition
“Prime Minister Narendra Modi deserves congratulations for seeing that none of our investigating agencies is blocked in doing their duties, unlike in the past,” BJP senior leader Subramanian Swamy told news agency ANI following the verdict by the UK court that allowed the extradition of fugitive liquor baron, Vijay Mallya.
“By the end of January, you can expect Mallya back in India,” Swamy further said.
"Welcome to the New India" Say BJP Chief Amit Shah on Mallya's Extridition Order
BJP President Amit Shah, in a series of tweet, said Vijay Mallya's extradition is a "very significant development" in India's fight against corruption.
“The credit for this goes entirely to Prime Minister Narendra Modi, who ensured that the agencies were unrelenting in their pursuit of the man who had bled Indian banks and fled,” he said.
'My Legal Team Will Look into Next Step': Vijay Mallya Reacts to Extradition Order
Vijay Mallya has reacted to the Westminister Magistrates' Court decision to allow his extradition to India today.
“My legal team will look into the matter,” the fugitive liquor baron has said. When asked whether he regrets going to UK, Mallya said:
Union Minister Ravi Shankar Prasad Reacts Mallya's Extradition Verdict
“Decision to extradite Mallya is based on evidence as well as a resurgent, effective and robust willpower of Modi govt to pursue these elements”, said Union Minister Ravi Prasad following UK Court’s verdict on Vijay Mallya’s extradition verdict.
“It's a great day in pursuit of fight against corruption of those who siphon crores of bank money and run out of country,” Prasad added.
Its Lesson For Those Who Misuse Nation's Properties: Chhattisgarh CM
It's a great success and a lesson for those who misuse the nation's properties said Chhattisgarh to Chief Minister Raman Singh following Mallya’s extradition verdict.
“This is a result of the strong determined steps taken by the Prime Minister and the Finance Minister,” Singh added.
Vijay Mallya's Extradition To India Will Take Months: Lawyer
Judge Emma Arbuthnot ruled at Westminster Court that Mallya has a prima facie case of fraud to answer and sent her decision to UK Home Secretary Sajid Javid, who is to sign off on the extradition order under the extradition arrangements between India and the UK.
"Mallya is not likely to be extradited to India for months. Following the extradition judgment today, Mallya now has 14 days to appeal, during which period he wouldn't be arrested, but would remain on bail," Sarosh Zaiwalla, Founder & Senior Partner at UK-based law firm Zaiwalla & Co., told PTI on Monday.
Mallya Extradition To Speed Up Loan Recovery Process: SBI
India's largest lender State Bank of India (SBI) on Tuesday, 11 December, said extradition of fugitive liquor baron Vijay Mallya from the UK to India will speed up the recovery of over Rs 9,000 crore of loans.
"It (higher recovery of loans) is a possibility. The message is very loud and clear. What we have to understand is that it (extradition) is a message that you just can't default and run away from the country," SBI chairman Rajnish Kumar told PTI.
He said Mallya's extradition will have a deep impact on the overall lender and borrower relationship.
"Lending is an important business for both lenders and borrowers as we need investment in the country. But the message is that you have to do clean banking and you have to be very careful about what is the purpose of the money lent," said Kumar.
However, Kumar said the bank has not received any formal offer from Mallya for settlement of loans.
UK Home Office Receives Westminster Magistrates' Court Order
The UK Home Office has confirmed the receipt of the Westminster Magistrates' Court verdict in favour of Vijay Mallya's extradition to India.
After Chief Magistrate Judge Emma Arbuthnot ruled that the "flashy" liquor baron had a "case to answer" in the Indian courts on allegations of fraud and money laundering amounting to nearly Rs 9,000 crores, the decision now lies with Home Secretary Sajid Javid to formally order the extradition.
Javid, the senior-most British-Pakistani minister in the UK Cabinet, has two months to make that decision but the extradition process itself would take longer if the entire appeals process is taken into account.
The UK Home Office said Tuesday it has received the Westminster Magistrates' Court verdict for Mallya's extradition to India.