On In People

Getting Vijay Mallya Back To India Is Not An Easy Task. Do You Know Why?

Scotland Yard had an extradition warrant against the “King of good times”, Vijay Mallya. He was arrested from London, U.K. but granted bail within a short while. The troubled businessman has several cases of loan default, diversion of funds and cheque dishonour against him and is wanted by the Indian government.

He is on run since March, last year and never returned to India after fleeing. India placed several requests to deport Mallya and his arrest in past one year but all the requests have been rejected so far. Although India has some hopes of Mallya’s extradition as Britain has previously said to help in this matter.

Indian government made a special request this time and it was certified by the UK resulting in the arrest of Vijay Mallya.

India is a part of the second category of countries and therefore extraditing Mallya might not be as easy as the extradition process is seemingly long and arduous. The countries falling under category 1 have priorities for such cases but sadly, India will have to take the long road.

According to the British Crown Prosecution Service (CPS), “Extradition is the formal procedure for requesting the surrender of persons from one territory to another.”

The CPS is responsible for the process of extradition and its proper execution. It serves specific purposes from prosecuting the convict to sentencing and finally executing the imposed sentenced successfully. India might opt for a request for export extradition with the magistrate but the UK have their regulations and all offences are not recognised as extraditable. This is because of the treaties that the UK has signed with different countries.

“Today the British authorities have merely ensured Vijay Mallya’s  presence in the court for the extradition hearing. The arrest is not that significant,” said, Vikas Singh, Senior Advocate, Supreme Court of India.

The Part 2 of the “Extradition Act of U.K” governs the export extradition to be done to India. The countries outside the European Union are listed in this category and hence India can’t find their way in category 1.

Founding Editor of thewire.in, M. K. Venu said, “It is not so easy to get Vijay Mallya to India. English courts follow their own rules. India will first have to prove charges against Mallya.”

The office of Secretary State forwards the document to the judge in extraditing hearing whose job is to confirm whether these documents are in accordance with the Extradition Act or not. The important part for India is that in this hearing, it is decided whether the extradition offences can be applied to the said offences or not.  

If everything is cleared then the extradition can be ordered by the Secretary of State within a period of 1 or 2 weeks. There is an act which allows both the convicted person and the state to appeal against the district judge’s decision at the Secretary State with the High Court or Westminster's Magistrates Court.

“While the intent is good, extradition is a long, tardy, cumbersome process. It all depends on how much effort the Indian authorities have made a strong case for his extradition. His (Mallya’s) extradition is crucial to take the CBI investigation to its logical conclusion,” said Advocate Abad Ponda.

Padma Shri recipient public prosecutor Ujjwal Nikam said, “Extradition is a complicated process, where the evidence put together by the Indian authorities against any person will be examined by the law of a foreign land. Compelling evidence compiled by the Indian investigative agencies through the MEA is the only way the extradition proceedings will move forward.”

So far, only one person has been extradited from the UK while a total of 62 have been extradited from foreign nationals. The hearing and strength of charges and case will decide whether Vijay Mallya will become the person to be extradited from UK or not.