Vijay Mallya set to be produced before court

Vijay Mallya
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.

London/United Kingdom, April 18: In a major development for the Indian Government, liquor baron Vijay Mallya, who is facing money laundering charges, has been arrested by the Scotland Yard in London. Mallya, who was finally caught after repeatedly refusing to appear before courts and investigators in India since he secretly fled to Britain last March, is set to be produced before the Westminster Magistrates’ court soon

This comes after a Delhi court has issued an open-ended non-bailable warrant against Mallya in connection with the 1995 FERA violation case. Last month, the Ministry of External Affairs (MEA) informed that extradition of absconding liquor baron Vijay Mallya has been stratified by Secretary of State of the U.K. Government and soon a warrant would be released against him.

“Somewhere in the month in the month of February, the home office of the U.K. Government conveyed that India’s request for extradition of Mallya has been stratified by Secretary of State and sent to Westminster Magistrate court for a district judge consider issue of releasing of warrant,” MEA official spokesperson Gopal Bagley told the media.

In March, the Supreme Court fast-tracked the proceedings against Mallya and reserved its order on contempt proceedings against him for allegedly diverting $40 million to his children’s accounts in foreign banks in violation of court orders. A bench of Justices A.K. Goel and U.U. Lalit reserved its order on whether or not Mallya was guilty of contempt and what action should be taken to bring back the money.

Possible next step by Scotland yard

In the UK, extradition involves several steps, most of which are time-barred but allow several tiers of appeal. Once the Secretary of State has certified that the matter can go to court, and if the court is satisfied that enough information has been supplied, an arrest warrant can be issued. This is the point at which Mallya’s case rests currently.

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 a request needs to include: details of the person; details of the offence of which they are accused or convicted; if the person is accused of an offence: A warrant for their arrest or provisional arrest (or an authenticated copy); if someone is unlawfully at large after conviction of an offence: 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.

Extradition can be reviewed by the Secretary of State under specific circumstances:
* The person could face death penalty (unless the Secretary of State gets adequate written assurance that the death penalty will not be imposed or, if imposed, will not be carried out)
* There are no speciality arrangements with the requesting country — ‘speciality’ requires that the person must be dealt with in the requesting state only for the offences for which they have been extradited (except in certain limited circumstances)
* The person has already been extradited to the UK from a third state or transferred from the International Criminal Court and consent for onward extradition is required from that third state or that Court (unless the Secretary of State has received consent)
None of these applies to Mallya. The Secretary of State has to make a decision within two months of the day the case is sent. Unless there is an appeal, an individual must be extradited within 28 days of the Secretary of State’s order.

Proceedings in India

The court concluded the proceedings after a three-and-a-half-hour hearing during which the Centre contended that Mallya was mocking the Indian system after fleeing the country. It said the government was holding talks with U.K. authorities to get him deported. The apex court had started proceedings against Mallya a year ago and had issued a notice to him on March 8, 2016, on a plea by a consortium of banks led by the State Bank of India (SBI) for recovery of about Rs. 9,000 crore which the businessman and his companies owed to them.

The liquor baron, however, fled the country days before the apex court took up the case against him. Attorney general Mukul Rohatgi urged the court to direct Mallya to bring back the $40 million which he had received from Diageo. He told the bench that Mallya had breached court orders and his refusal to bring back the money had aggravated the breach and he should be directed to appear personally before the court. (ANI)

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