{"id":16396,"date":"2017-04-22T00:29:52","date_gmt":"2017-04-22T07:29:52","guid":{"rendered":"http:\/\/siliconeer.com\/current\/?p=16396"},"modified":"2017-04-22T00:29:52","modified_gmt":"2017-04-22T07:29:52","slug":"mallya-could-fight-extradition-on-political-grounds-experts","status":"publish","type":"post","link":"https:\/\/siliconeer.com\/current\/mallya-could-fight-extradition-on-political-grounds-experts\/","title":{"rendered":"Mallya could fight extradition on political grounds: Experts"},"content":{"rendered":"

Industrialist Vijay Mallya leaves Westminster Magistrate’s Court in London after getting bail, April 18. He was arrested earlier on the same day by Scotland Yard on an extradition warrant. (Press Trust of India)<\/em><\/p>\n

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@Siliconeer #Siliconeer #VijayMallya #Kingfisher #IndianBanks \u2013\u00a0Indian business tycoon Vijay Mallya, who has been declared a proclaimed offender, is likely to challenge his extradition to India from the UK on the grounds that the charges against him are politically motivated, legal experts in the UK said April 19, writes Aditi Khanna.<\/b><\/p>\n

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Mallya, the 61-year-old liquor baron, who has been living in self-imposed exile in Britain since last year, was arrested by Scotland Yard on fraud allegations, triggering an official extradition process in the British courts.<\/p>\n

Mallya was released on conditional bail a few hours later after providing a bail bond worth \u00a3650,000 pounds and assuring the court of abiding by all conditions associated with extradition proceedings, such as the surrender of his passport and a ban on him possessing any travel documents.<\/p>\n

The UK\u2019s Crown Prosecution Service (CPS) will now argue the case on behalf of the Indian authorities.<\/p>\n

\u201cThe Crown Prosecution Service, acting on behalf of the Indian authorities, will need to demonstrate a prima facie case ie. produce some evidence to show that the criminal charges against Mallya, for which his extradition is sought, are justified,\u201d said Javinder Nakhwal, partner at Peters and Peters Solicitors LLP and member of the UK\u2019s Extradition Lawyers Association.<\/p>\n

\u201cThere are a number of grounds on which it is possible to contest extradition, some of which might not be relevant to Mallya\u2019s case. Mallya may seek to challenge extradition on the basis that the request for his extradition is politically motivated, and that any extradition would constitute a breach of certain human rights, she explained.<\/p>\n

The precise grounds on which Mallya contests his extradition remains to be seen. His legal team will seek to support their arguments with factual and\/or expert evidence and can claim he won\u2019t get a fair trial in India and can also raise the condition of Indian jails as a factor behind the extradition request being declined.<\/p>\n

The Indian authorities will have an opportunity to respond to any such evidence, she said.<\/p>\n

\u201cWhen the case returns to court on May 17, the district judge is likely to set down a timetable for the service of any evidence to be submitted by either side in the proceedings, and list a date for a final hearing.<\/p>\n

\u201cThere might be a few more hearings in this case in the coming months to deal with case management or any issues that arise, before the final hearing takes place, at which the full arguments from both sides in this case will be heard by the district judge,\u201d Nakhwal clarified.<\/p>\n

Sarosh Zaiwalla, founder and senior partner of Zaiwalla & Co. Solicitors, also believes it will be a \u201clong and strenuous\u201d process which may not succeed at the end.<\/p>\n

\u201cThis is because, the judge will have to be satisfied that Mallya will get a fair trial in India. His (Mallya\u2019s) lawyers will argue he is being politically hounded and is a victim of a media trial. He might also point out other Indian businessmen owe much more money to Indian banks, but his client has been singled out for persecution,\u201d Zaiwalla said.<\/p>\n

He also highlighted that Mallya has the final option of approaching the European Court of Human Rights, at least until the UK completes its exit from the European Union (EU).<\/p>\n

\u201cIt is going to be a complicated affair as Mallya can argue that he may not receive a fair trial in Indian courts which are notorious for being easily influenced,\u201d he said.<\/p>\n

According to him, the Indian government has to continue using diplomatic channels to build a solid casework proving Mallya will receive a fair trial in India.<\/p>\n

\u201cThey could also look at the option of legally challenging Mallya in British courts to subsequently bring him to trail in India. A worldwide freezing order on Mallya\u2019s assets would be an even more effective option than the extradition route,\u201d he said.<\/p>\n

Mallya, whose now-defunct Kingfisher Airlines allegedly owes more than Rs 9,000 crore to various banks, had fled India on March 2, 2016.<\/p>\n

In January, an Indian court ordered a consortium of lenders to start the process of recovering the loans.<\/p>\n

\u201cExtradition is the formal procedure for requesting the surrender of persons from one territory to another… Part 2 of the Extradition Act, in conjunction with any applicable extradition instrument, regulates export extradition from the United Kingdom to category 2 territories [like India].<\/p>\n

\u201cThe CPS acts as the representative of the requesting state in category 2 cases (as for category 1 territories), and all proceedings are heard at Westminster Magistrates\u2019 Court,\u201d a CPS statement said.<\/p>\n

At the extradition hearing the judge must decide a number of issues: whether the documentation sent to the court by the Secretary of State complies with the Act; whether the person arrested is the person named on the warrant; whether the offence detailed in the request is an extradition offense, et al.<\/p>\n

If the District Judge rules in favor of extradition, the UK home secretary must order Mallya\u2019s extradition within two months of the appropriate day.<\/p>\n

India and the UK have an Extradition Treaty, signed in 1992, but so far only one extradition has taken place under the arrangement.<\/p>\n

As Mallya is fighting the extradition order, he will have the right to appeal and the case can go up to the UK Supreme Court.<\/p>\n

The flamboyant businessman, who still owns Force India Formula One team, has repeatedly denied any wrongdoing. \u201cNot a rupee was misused,\u201d he had tweeted earlier this year.<\/p>\n

But Indian authorities want him to stand trial for alleged unpaid loans to Kingfisher Airlines, which collapsed in 2012 with the loss of thousands of jobs.<\/p>\n

As he awaits the hearing, Mallya is expected to be based at his lavish country home in Tewin, Hertfordshire, an hour\u2019s drive from London.<\/p>\n

The Indian and UK governments are believed to have struck an agreement on extradition proceedings during British Prime Minister Theresa May s visit to India last November.<\/p>\n

India had given a formal extradition request for Mallya as per the Extradition Treaty between India and the UK through a note verbale on February 8.<\/p>\n","protected":false},"excerpt":{"rendered":"

Industrialist Vijay Mallya leaves Westminster Magistrate’s Court in London after getting bail, April 18. He was arrested earlier on the same day by Scotland Yard on an extradition warrant. (Press Trust of India) @Siliconeer #Siliconeer #VijayMallya #Kingfisher #IndianBanks \u2013\u00a0Indian business tycoon Vijay Mallya, who has been declared a proclaimed offender, is likely to challenge his…<\/p>\n

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