Fugitive businessman Vijay Mallya’s extradition to India was cleared by the UK Home Office on Monday, 4 February 2019. The extradition case had been forwarded to Home Secretary Sajid Javid by the Westminster Magistrates’ Court on 10 December 2018, after over a year of deliberations to consider whether or not Mallya should be sent back to India.
UK’s Home Secretary Sajid Javid signed the order for completing the process of Mallya’s extradition on charges of conspiracy to defraud and money laundering offences.
He now has 14 days from 4 February to apply for leave to appeal to the UK High Court.
Mallya had previously indicated that he intends to file an application to appeal against the Westminster Magistrates' Court verdict in favour of his extradition to India.
- UK Home Office on Monday, 4 February, approved the extradition of Vijay Mallya to India
- Mallya has 14 days from 4 February to apply for leave to appeal to the UK High Court, he says he will now initiate the appeal
- A Special Prevention of Money Laundering Act (PMLA) court had on 5 January, declared the tainted liquor baron a ‘fugitive economic offender’
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'Will Initiate Appeal Process': Vijay Mallya Responds to Extradition
Vijay Mallya responded to the approval of his extradition to India by UK Home Secretary Sajid Javid. He said that the decision was handed down on 10 December 2018 and he had stated his intention to appeal, he will now initiate the appeal process, Mallya tweeted.
We Await Early Completion of the Legal Process for his Extradition: MEA
“We have taken note of the decision of the UK Home Secretary to sign on the order for Vijay Mallya’s extradition to India. While we welcome the UK Government’s decision in the matter, we await the early completion of the legal process for his extradition.”Statement by the Ministry of External Affairs
The Case So Far
The 63-year-old businessman was found to have a case to answer before the Indian courts by the Westminster Magistrates' Court in London on 10 December 2018.
UK Home Secretary Sajid Javid, the UK's senior-most Pakistani-origin minister, had two months from that date to sign off on that order.
The UK Home Office confirmed on Monday that after considering all matters, the minister had signed Mallya's extradition order on Sunday, 3 February.
“Vijay Mallya is accused in India of conspiracy to defraud, making false representations and money laundering offences.”a spokesperson said
Mallya is on bail on an extradition warrant executed by Scotland Yard in April 2017 after Indian authorities brought fraud and money laundering charges amounting to Rs 9,000 crores against him.
Mallya's Options
Mallya now has 14 days from 4 February to apply for leave to appeal the UK High Court.
The high court will hear both his appeals, against the secretary’s decision as well as the decision of the magistrate to send his case to the secretary in the first place.
In these appeals, Mallya will get to argue all aspects of the case, including whether his guilt has been prima facie established, as well as his arguments on jail conditions and fair trial.
The appeals are likely to be heard after several months, subject to the high court’s schedule. It could take another couple of months for the hearings to conclude.
The former Kingfisher Airlines' head had earlier indicated that he intends to file an application to appeal against the Westminster Magistrates' Court verdict in favour of his extradition to India.
In December 2018, the businessman had told reporters soon after Chief Magistrate Emma Arbuthnot ruling that he would consider the verdict in detail and decide his next course of action. His legal team later confirmed that he will seek leave to appeal against the court order.