Vijay Mallya denied permission to file appeal, is closer to getting extradited

Fugitive businessman could be sent back within 28 days

NEWDELHI: The extradition of businessman Vijay Mallya to India, where he faces charges of financial offences came a step closer to fruition on Thursday after the HC of England and Wales refused him permission to appeal on grounds that his case does not involve a “point of law of general public importance”.

The development marks one of the last stages of Mallya’s extradition process that began with his arrest in London in April 2017. The HC decision means that the extradition will need to be carried out within 28 days as set out in the Extradition Act.

LONDON: The extradition of businessman Vijay Mallya to India, where he faces charges of major financial offences came a step closer to fruition on Thursday after the high court of England and Wales refused him permission to appeal in the Supreme Court on the ground that his case does not involve a “point of law of general public importance”.

The development marks one of the last stages of Mallya’s extradition process that began with his arrest in London in April 2017. The high court decision means that the extradition will need to be carried out within 28 days as set out in the Extradition Act, 2003. Indian investigation agencies, the Central Bureau of Investigation and the Enforcement Directorate have been fighting for his extradition since 2016 when Mallya fled the country. He owes Indian banks around ~9000 crore.

The Crown Prosecution Service (CPS), on India’s behalf, said Mallya was refused permission on all his three points: to hear oral submissions; to grant a certificate on the questions as drafted by his defence team; and to grant permission to appeal to the Supreme Court. The decision of the judges was based “on papers presented”, not in an open court, and communicated by email to CPS and Mallya’s defence team.

Officials said if the pronouncement was being made in an open court, it would have been: “The Court having signified its intention to refuse to certify a point of law of general public importance with a view to an appeal to the Supreme Court, the case has been listed for pronouncement, without attendance of the parties, as this has the effect of fixing the start date of the ‘required period’, as defined by section 36 and section 118 of the Extradition Act 2003, within which the extradition must be carried out.”

Mallya has the option of approaching the European Court of Human Rights on the ground that his human rights would be at risk if extradited, but the CPS said “the removal process can continue until such time as it is stayed by the ECHR”.

Once extradited, he will be brought to Mumbai where the two agencies have cases against him. Nick Vamos, former head of extraditions at CPS, said: “He can renew his appeal on human rights grounds if the circumstances change. He can appeal to the European Court of Human Rights, although there is no guarantee that it will hear his case.”

“Neither of the options stops the Indian and UK authorities from making the arrangements to surrender Mallya into Indian custody. I imagine the flight schedule is being agreed.”

Mallya reiterated on Thursday his offer to repay the loans his company Kingfisher airlines had taken from banks, and close the case. He tweeted: “Congratulations to the Government for a Covid 19 relief package.” “They can print as much currency as they want BUT should a small contributor like me who offers 100% payback of State owned Banks be constantly ignored? Please take my money unconditionally and close”.

HAS OPTION OF MOVING EUROPEAN COURT OF HUMAN RIGHTS ON THE BASIS THAT HIS HUMAN RIGHTS WOULD BE AT RISK IF EXTRADITED