Free Press Journal

Vijay Mallya’s extradition: All you need to know about it


Businessman Vijay Mallya was produced in magistrate court on Tuesday and was released within three hours of his arrest on bail, though many would believe it is a positive and successful move by the government in trying to bring Mallya back. But the story ahead could be way different.

No doubt, what happened on Tuesday is the first step, but it is only a first of long, lengthy and complex process. The entire process of extradition of Mallya was initiated by Ministry of External Affairs after the CBI request them to do so. Britain took a step further in the process with the Scotland Yard arresting him.

Also Read: Vijay Mallya and his love of ‘wives’: 3 women you should know about!

The extradition process can be long and here is all you need to know about it:

* A judge issues an arrest warrant, after which the person is arrested and produced before the court for preliminary hearing followed by an extradition hearing before the final decision is taken by the state

*The accused can appeal in the higher courts all the way up till Supreme Court against any decision

*At the hearing, the judge must be satisfied that the person’s conduct amounts to an extradition offence, none of the bars to extradition apply and there is prima facie evidence of guilt

*The Judge will consider the possibilities of whether the person being extradited will be subject to capital punishment and whether his/ her’s human rights will be violated

*After all the procedural requirements are met and the judge is satisfied, he then sends the case to the Secretary of State for decision

*The accused can appeal against the decision in the High Court and if the High Court rules against the accused, then they can appeal against the decision in the Supreme Court

*Extradition is prohibited if the person could face the death penalty, or if the person will be prosecuted for other offences other than the offences he is extradited for, and thirdly if the person is already extradited to UK from another country

Also Read: Government was committed from day one on Mallya’s arrest: BJP

The other Mallyas

Mallya is not the first high-profile Indian based in UK wanted in India. Previous individuals sought include Lalit Modi (for alleged financial offences), Ravi Sankaran (the Indian Navy war room leak case), Nadeem Saifi (the Gulshan Kumar murder case) and Tiger Hanif (Gujarat blasts).

The lone extradition

There has been only one extradition that has happened so far from UK ever since the treaty was signed in 1992. Samirbhai Vinubhai Patel, wanted for the 2002 Gujarat riots was extradited in October 2016, but this case is not similar to that of Mallya, in this case, Patel did not oppose his extradition, and therefore the long process of extradition was cut short.