Extradition of Vijay Mallya only a pipeline dream for India?
Indian Liquor baron Vijay Mallya arrested by World’s famous police force Scotland Yard police. However, Soon after the arrest, he was granted bail by Westminster Court in London on Tuesday.
The Indian Foreign Ministry confirmed yesterday that the arrest of Vijay Mallya came after Indian authorities requested to extradite him.
Vijay Mallya took his twitter account to vent his frustration against the Indian media, calling the news about his arrest nothing but hype. “Usual Indian media hype. An extradition hearing in Court started today as expected,” Mallya said. Mallya had been critical of the media earlier, saying “in your country (India) I assumed that innocence prevails till proven guilty. Media have convicted me guilty without trial with widespread influence”.
Mallya had been critical of the media earlier, saying “in your country (India) I assumed that innocence prevails till proven guilty. Media have convicted me guilty without trial with widespread influence”.
It’s almost a year since Vijay Mallya left the country. Since then, the hi-fi lifestyle man has been highly defiant and has defended his case saying he is being a victim of the media trial and unfair treatment by the government and investigators.
In April 2016 an interview with Financial Times Vijay Mallya said: “by taking my passport or arresting me, they are not getting any money.” The billionaire has also contested the Rs 9,000 crore figure.
For the last several months the Narendra-Modi government has made several attempts to bring Mallya back by canceling his passport and pushing for deportation but didn’t find success yet.
But the UK authorities denied the demand of India till date as Vijay Mallya was in possession of a valid UK visa. Therefore, extradition was the only option left to bring him back to India and face courts.
Will it be easy for India to bring Vijay Mallya back?
The simple answer is no. The officials in London said that India has to present case for Vijay Mallya extradition in UK court, as per the Bloomberg report.
Moreover, the UK authorities says that the level of proof needed in Britin’s courts is very high.
Meanwhile, Indian authorities have been trying to convince Britain to deport the liquor baron. On 2016 November Prime Minister Narendra Modi and British Prime Minister Theresa May held talks to extradite nearly 60 Indians, including Vijay Mallya.
Central Bureau of Investigation (CBI) officials saying that, “Vijay Mallya has been arrested on the request of Central Bureau of Investigation on February 8, 2017,” adding,” Central Bureau of Investigation had sent a formal extradition request on IDBI bank loan case. In this case charge sheet had been filed on January 24, 2017. This case was registered on July 29, 2015.”
As per the British law, extradition is the formal process where one country asks another to return a person in order to stand trial or to serve a sentence. Under multilateral conventions and bilateral extradition treaties the United Kingdom has extradition relations with over 100 Countries territories around the world.
India lies in Part 2 of the Britain’s Extradition Act 2003 with whom the United Kingdom has international extradition arrangements.
Here are the steps involve in the process of extradition:
- The extradition request is made to the Secretary of State
- Secretary of State decides whether to certify the request
- A judge decides whether to issue a warrant for arrest
- The person wanted is arrested and brought before the court
- Preliminary hearing
- Extradition hearing
- Secretary of State decides whether to order extradition
In Vijay Mallya’s case, till now an arrest warrant has been issued. This is issued only if the court is satisfied that enough information has been supplied.
According to the law “The court must be satisfied that there are reasonable grounds for believing that the conduct described in the request is an extradition offence (which includes the requirement for dual criminality),”
Generally, the information accompanying an Extradition request needs to include:
• Details of the person
• Details of the offense of which they are accused or convicted
• If the person is accused of an offense: a warrant for their arrest or provisional arrest (or an authenticated copy)
• If someone is unlawfully at large after conviction of an offense: a certificate of the conviction and sentence (or an authenticated copy), or for provisional arrest, details of the conviction
• Evidence or information that justifies the issue of a warrant for arrest in the UK, within the jurisdiction of a judge of the court that would hold the extradition hearing
Thus, India has to wait a little longer to bring back Vijay Mallya.