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Vijay Mallya’s extradition from UK will not be easy


Mumbai, Apr 19 (Agencies) : Hours after beleaguered businessman Vijay Mallya was arrested in the United Kingdom by the Scotland Yard, he was granted a bail after paying Rs 5.3 crore.

While he was given strict instructions from the court to not leave his address, many senior officials and sources privy of the episode clearly said the arrest was just the beginning of the extradition process and it may take a while before the former ‘King of good times’ can be brought back to India.

Until his next hearing on May 17, Mallya has been directed to follow Britain’s extradition rules, which require him to stay put at the address provided by him to the court.

In fact, several advocates have also said that the preliminary arrest is just a baby step towards Mallya’s extradition as Britain’s courts follow a different set of rules and regulations. India will have to furnish, with diligence, every fact in the case to prove its case in the British court of law.

While he is wanted in multiple cases like cheque dishonor, loan default and fun diversion, it will require a long process to bring him back to India, albeit Britain accepting India’s request to start his extradition process.

One of the main reasons why India would have to shed a lot of sweat to deport Mallya is the fact that it falls under the second category of countries, where extradition process are usually strenuous as compared to category one countries.

India would not only need robust evidence against the liquor baron but also need to prove all the criminal charges against him from scratch.

Though the Enforcement Directorate attached a number of his properties, including the Kingfisher Villa that was auctioned recently, it has failed to recover the entire amount that Mallya owes to the banks. In another case of defaulting, Mallya also took Rs 900 crore as loan from IDBI Bank, and a hefty amunt of it was used for personal use.

Both the ED and CBI officials seemed confident about his extradition as they have the required documents proving Mallya’s guilt.

So if India has every document proving Mallya’s guilt, why would the process take time? As per the British Crown Prosecution Service, extradition can be allowed in specific circumstances – prosecution of a criminal, sentencing of convict and execution of the imposed sentence.

However, the problem here is the fact the UK courts will not recognise all the offences that are applicable to him in India.

 

Only a diplomatic game


It was clear from MEA spokesperson Vikas Swarup's statement last month that there could be no guarantee of Mallya's extradition. Swarup had asserted that India had a "legitimate" case against Mallya and if an extradition request was honoured, it would show the UK's "sensitivity towards our concerns". India has said that the case is a test of India-UK ties. So, Mallya's extradition is just a diplomatic game and not a rule-bound process.

The extradition requests already pending with the UK

Ten requests by India for extradition of fugitive criminals including Vijay Mallya are pending with the UK. Last month, in a written reply in Rajya Sabha, Minister of State for External Affairs VK Singh said only one fugitive criminal Samirbhai Vinubhai Patel had been extradited from the UK in the last five years.

The extradition requests rejected by the UK

In the past, the UK has rejected several extradition requests made by India. The minister said extradition requests for criminal fugitives Raymond Varley, Ravi Shankaran, Velu Boopalan, Ajay Prasad Khaitan, Virendra Kumar Rastogi and Anand Kumar Jain had been rejected by the UK government.

Why the UK might not extradite Mallya?

1. For extradition, the UK has placed India in Category 2 countries for which the process is arduous and long. In Category 1 are the US and European countries which get preference.

2. If the UK extradites Mallya, it will have to move on other pending extradition requests made by India.

3. Mallya can claim to be a victim of political vendetta and use that ground to block his extradition. He can easily get bail after his arrest today. He can later apply for a British passport by making financial investment there.

 

 

Comment on this article

  • Naveen Shetty, Mangalore

    Wed, Apr 19 2017

    First and foremost I am proud of Vijay Mallya whose roots are from Mangalore.

    Did the Banks give Rs. 9000 Crore to Mallya?

    Did he swindle money out from company? There is no evidence.

    I think Banks have to be blamed because they failed to do their due diligence before giving the loans to the Group. If they had followed the proper care and diligence they would not have ended up with Rs. 9000 Crore loan.

    DisAgree Agree [8] Reply Report Abuse

  • Shetty, Kudla

    Wed, Apr 19 2017

    Who said it is easy?????

    DisAgree [1] Agree [2] Reply Report Abuse

  • Y Arunkumar, Bantwal/Malyasia

    Wed, Apr 19 2017

    Because of Mr Mallya' scandal many of our bank officials have become multi crorepathies. This is all drama of the our ex and present governance.

    DisAgree Agree [16] Reply Report Abuse

  • ANIKETH, MUMBAI

    Wed, Apr 19 2017

    mallya got bail or not is not important...honest efforts are going on to bring him back is more important.. it takes time

    DisAgree [9] Agree [5] Reply Report Abuse

  • J.F.D SOUZA, Attavar, Mangaluru

    Wed, Apr 19 2017

    Millionaires like Mallya plays different tactics and get rid off from all these loopholes.

    DisAgree Agree [13] Reply Report Abuse

  • Vikas G, Udupi

    Wed, Apr 19 2017

    NM
    But main question is Why did UPA govt give s mch loan to him through it's tenure !

    DisAgree [6] Agree [10] Reply Report Abuse

  • Anand, Mangalore

    Wed, Apr 19 2017

    By mistake mallya attend parliment session there in UK instead in india....let him stay and enjoy there by watching IPL matches and let our politicians visit him regularly.

    DisAgree [1] Agree [11] Reply Report Abuse

  • SB, Mlore

    Wed, Apr 19 2017

    What s common between Sonia , Mallya and Pappu ?

    All are on bail in some case or another

    DisAgree [17] Agree [5] Reply Report Abuse

  • Sadi, Mangalore

    Wed, Apr 19 2017

    Extradition is not much easy as allow him to flee India and issue loan on fake documents.

    DisAgree Agree [13] Reply Report Abuse

  • Alphonso Rodrigues, Udupi

    Wed, Apr 19 2017

    The only one who can bring back Mallya is Rahul Gandhi.

    DisAgree [1] Agree [5] Reply Report Abuse

  • Vincent Rodrigues, Katapadi/Frazer Town,Bangaluru

    Wed, Apr 19 2017

    Nothing is going to happen to Mallya since tis case is quite tough and time consuming as well

    DisAgree [1] Agree [11] Reply Report Abuse

  • N.M, Mangalore

    Wed, Apr 19 2017

    Bu, the main question is why did BJP govt allow him to exit the country in 2016?

    DisAgree [9] Agree [35] Reply Report Abuse

  • Shankar, Mangalore

    Wed, Apr 19 2017

    When he left the country, he had no look out notice on him.
    It is not the government who stops an individual fro leaving the country. Courts have to say that.

    DisAgree [13] Agree [11] Reply Report Abuse

  • Rampa, Moon

    Wed, Apr 19 2017

    ITS FOR VOTE BANK. IF THEY BRING HIM BACK. THEY WILL BE HERO AGAIN.

    AND PEOPLE WILL FORGET DAWOODS BRINGING BACK.

    NOW THEY BROUGHT FROM PAKISTAN HIS PHOTO ONLY.

    DisAgree [5] Agree [38] Reply Report Abuse

  • Rampa, Moon

    Wed, Apr 19 2017

    BECAUSE THEY WERE GETTING FREE BEERS.

    DisAgree [4] Agree [26] Reply Report Abuse

  • Antony Fernandes, Mangaluru/USA

    Wed, Apr 19 2017

    N. M. Mangalore,

    He didn't left. BJP leaders only told him to go, so that during election campaign they can fool the voters by saying that they will bring back Mallya from UK, Dawood is already in Delhi you know that right! Else how bhakths can tolerate this PURE lie by their leader?

    DisAgree Agree [2] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Apr 19 2017

    Modi said he will bring Vijay Mallya back within 50 days.
    Dear Sir, Please don't let our PM down again ...

    DisAgree [7] Agree [39] Reply Report Abuse

  • Anand, Karkala

    Wed, Apr 19 2017

    I object my Lord...When did Modi spoke about Mallya?

    DisAgree [16] Agree [6] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Apr 19 2017

    March 11th 2017 ...

    DisAgree [3] Agree [15] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Apr 19 2017

    Serious about bringing back Lalit Modi & Vijay Mallya, govt tells Rajya Sabha (November 17th 2016) ...

    DisAgree Agree [8] Reply Report Abuse

  • Ronald, Mangalore

    Wed, Apr 19 2017

    *He said he will bring back all money from SWISS bank & Yogi guru Baba Ramdev
    also....

    * He must have thought it is like chapathi making!

    DisAgree [3] Agree [26] Reply Report Abuse

  • Beowulf, Mangalore

    Wed, Apr 19 2017

    Ronald,

    Please stop spreading false statements. Modi never said that. I don't know what Ramdev said and i dont don't care what he says. But Modi never said that. Please provide evidence for your claim.

    Now Jossey also put one statement out about what Modi said about Mallya, when he actually didn't. After few months such nonsense will become a fact in minds of some people.

    DisAgree [17] Agree [7] Reply Report Abuse

  • Satya, Mangalore

    Wed, Apr 19 2017

    Why cry now?. It is the same strategy adopted by the BJP over the last 3-4 years to churn out false truths out of blatant lies.

    DisAgree [3] Agree [17] Report Abuse

  • Emran, Mangalore/KSA

    Wed, Apr 19 2017

    Now a days people dont care if anybody say anything bad about their parents and family...but dont want to hear a single word against MODi...dekh tere sansar ke haalat kya ho gaya bhagwan kitna badal gaya insan...

    DisAgree [3] Agree [11] Report Abuse

  • Ronald, Mangalore

    Wed, Apr 19 2017

    Quote:

    *Ten requests by India for extradition of fugitive criminals including Vijay Mallya are pending with the UK. Last month, in a written reply in Rajya Sabha, Minister of State for External Affairs VK Singh said only one fugitive criminal Samirbhai Vinubhai Patel had been extradited from the UK in the last five years.

    *The minister said extradition requests for criminal fugitives Raymond Varley, Ravi Shankaran, Velu Boopalan, Ajay Prasad Khaitan, Virendra Kumar Rastogi and Anand Kumar Jain had been rejected by the UK government.
    Unquote:

    **WHERE IS LALITH MODIS name?
    request not made only??

    DisAgree [1] Agree [24] Reply Report Abuse

  • Rampa, Moon

    Wed, Apr 19 2017

    BECAUSE THERE IS MODI SURNAME ATTACHED TO LALIT

    DisAgree [1] Agree [31] Reply Report Abuse

  • Shankar, Mangalore

    Wed, Apr 19 2017

    Banks have not lent the loan to Vijay Malya.
    Borrower was Kingfisher Airlines Limited, the company where Malya is a shareholder and one of the director.
    Banks have lent the money taking consideration of the worth of the company and brand value at that time. I do not think they even have insured the loan.
    To cover up the short sight during the loan processing, banks have put a false case of money laundering on Malya. Even his personal properties were seized, which were not attached to the loan.

    Further, banks refused to accept the capital amount of Rs 4000 crores, which was offered by Malya.

    No other courts outside India will hold the individual, Mr. Malya, responsible for the loan taken by the company, Kingfisher Airlines Limited.

    Indian banks can put further false cases and try to extradite Malya from UK.

    DisAgree Agree [21] Reply Report Abuse

  • Aubb, Kuwait

    Wed, Apr 19 2017

    @ Shanker,

    Eye opening comment!

    DisAgree Agree [3] Reply Report Abuse

  • Rampa, Moon

    Wed, Apr 19 2017

    UK COURT ASKS MALLYA

    JUDGE ASKS: EER DAANE MOOLU.

    MALLYA REPLIES: YAAN MOOLE

    JUDGE ASKS: BOKKA OULU

    MALLYA REPLIES: YEREG AAVYE MODI NA KIRI KIRI

    DisAgree [3] Agree [47] Reply Report Abuse

  • Anand, Karkala

    Wed, Apr 19 2017

    King Fisher was not grounded because of Mallya's fault, why he has to pay when the benefit gone to somebody else? Catch those who became richer by thousands of Crores.

    DisAgree [1] Agree [13] Reply Report Abuse

  • Peter, Mumbai

    Wed, Apr 19 2017

    The difference between " ORDINARY" and "EXTRA ORDINARY" is that little "EXTRA".

    DisAgree Agree [6] Reply Report Abuse

  • Rampa, Moon

    Wed, Apr 19 2017

    ALL HIS CALENDER GIRLS AND PADUKOME SHOULD PROTEST AGAINST BJP GOVT.

    DURING OUR TIMES THERE WERE NO CALENDER

    DisAgree [1] Agree [16] Reply Report Abuse

  • Ramesh S, Mangalore

    Wed, Apr 19 2017

    Just check, world almost all fugitives/most wanted/war criminals/financial defaulters given asylum in either in UK or USA!!

    This is fact..India has complaint, Turkey has complaint, many ME countries has complaint, pakistan has complaint (to extradict many including MQM leaders)..all pending..money matters..

    DisAgree [5] Agree [4] Reply Report Abuse

  • Rampa, Moon

    Wed, Apr 19 2017

    IF RCB WINS FINALS. THE PRICE MONEY MIGHT SIEZE FROM GOVT.

    POOR KOHLI.

    DURING OUR TIMES THERE WAS NO CRICKET.

    DisAgree [7] Agree [10] Reply Report Abuse

  • Amar Nathal, Mangalore

    Wed, Apr 19 2017

    BJP knows it all. Mallya might end up starting breweries in UK.

    DisAgree Agree [11] Reply Report Abuse

  • Conrad John Tauro, Shirva/Udupi/Dubai

    Wed, Apr 19 2017

    Royal Challenge to PM...

    DisAgree [3] Agree [11] Reply Report Abuse

  • Emi, Brighton

    Wed, Apr 19 2017

    BANK MANAGER ALSO SHOULD BE ARRESTED. HE IS ALSO RESPONSIBLE.

    MANY BANKS KEEP ON CALLING. AND FORCING US TO TAKE LOAN AND MAKING US TEMP.

    THEY SAY ITS A VERY GOOD LESS INTREST. BUT IF U LOOK AT THE TERMS AND CONDITIONS WHICH IS WRITTEN TINY. THEN IT WILL BE A BIG AMOUNT. THEY CHARGE PROCESSING FEE ALSO. WHICH THEY DONT TELL U.

    DisAgree [1] Agree [20] Reply Report Abuse

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