Hindustan Times (Bathinda)

MALLYA EXTRADITIO­N CASE

HEARING DEFERRED TO JUNE

- Azaan Javaid and Prasun Sonwalkar n letters@hindustant­imes.com

Indian officials who went to London to press for fugitive liquor baron Vijay Mallya’s extraditio­n have returned disappoint­ed.

British prosecutor­s have asked them to provide materials to explain the “circumstan­ces” in which now-defunct Kingfisher Airlines defaulted on loans, a query that suggests skepticism about the allegation­s of Mallya being a wilful defaulter.

An agency official privy to the deliberati­ons in London told HT

that the prosecutor­s want India to provide evidence that Mallya did not suffer bona fide losses and his case is criminal in nature and not a civil offence. It’s a “loaded demand”, which, if not responded to adequately, could weaken India’s case for his extraditio­n, said the official.

Once called the ‘King of Good Times’, the liquor baron is facing investigat­ions by the Enforcemen­t Directorat­e (ED) and the Central Bureau of Investigat­ion (CBI) for alleged financial fraud and money laundering.

A consortium of banks has accused him of willfully defaulting on loans worth ₹9,000 crore. He fled to London in March last year.

Mallya was arrested and bailed by a London court on April 18 when a ‘preliminar­y hearing’ in the case was held. The next hearing in the Westminste­r Magistrate­s Court, scheduled for May 17, has now been pushed to the second week of June, which will give the prosecutio­n side more time to prepare its case. A team of CBI and ED investigat­ors recently visited London to hold talks with lawyers of the Crown Prosecutio­n Service (CPS), which represents the state requesting extraditio­n in court. While the Indian side provided documents in support of their case, informed sources in London said various likely pleas to prevent extraditio­n were discussed, including alleged political vendetta and serious fraud.

Indian agencies anticipate that Mallya might argue in the British court that his case was civil in nature and he defaulted on loans due to genuine losses. He could claim that the cases against him are political in nature as he was chosen Member of Parliament during the UPA regime, suspect ED officials.

Mallya’s Kingfisher increased its losses from ₹337 crore in 2004-05 to ₹1,647 crore by 2008-09 as fuel and operationa­l costs outpaced revenues.

Banks restructur­ed the debt worth ₹8,000 crore in 2010 but that failed to prevent the ailing airline from defaulting on payment of staff salaries, fuel bills, airport charges and taxes. The businessma­n had sought the govt’s help in exempting some taxes and interest on bank loans, as was done for ailing stateowned carrier Air India. However, the govt declined as Kingfisher was a private company.

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Vijay Mallya

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