Cameraperson: Abhay Sharma
Video Editor: Mohd Ibrahim
The Westminster Magistrates’ Court in London recommended Vijay Mallya’s extradition to the UK’s Home Secretary of State on 10 December 2018, over a year after it began proceedings against him.
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In doing so, magistrate Emma Arbuthnot has held that:
- what Mallya has been accused of (fraud, money laundering) amounts to an extradition offence, that is, it’s a crime in India and the UK;
- none of the bars to extradition apply;
- the CBI appears to have a case to prove Mallya is guilty; and
- the extradition would not breach Mallya’s human rights.
This is not the end of the line for Mallya, however, as the final decision on extradition rests with the UK’s Home Secretary of State. The lower court decision has been forwarded to the Secretary, who will now consider if there are any other statutory bars to extradition under the UK’s Extradition Act 2003.
Mallya can send his own arguments against extradition to the Secretary of State, who has to make a decision within two months, though this can be extended as many times as the Secretary wants.
If the Secretary of State decides to extradite him, he can appeal not just the Secretary’s decision, but also the decision of the magistrate, to the high court, which can overturn everything and send it back to the lower court.
If the high court also upholds his extradition, he can appeal to the Supreme Court if a substantial question of law is involved.
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