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A Long And Winding Road Before Mallya Is Brought Back

A Long And Winding Road Before Mallya Is Brought Back
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The UK Home secretary Sajid Javid signing the approval for extradition of Vijay Mallya doesn’t mean that the fugitive business tycoon will be packed on the next flight  to stand trial in India. Shortly after the UK home office made the announcement, , the former self styled king of good times tweeted “After the decision was handed down on December 10,2018 by the Westminster Magistrates Court, I stated my intention to appeal. I could not initiate the appeal process before a decision by the Home Secretary. Now I will initiate the appeal process”

What that means is that far from clinching the deal, New Delhi has to brace for another prolonged battle. Mallya has been given 14 days from February 4 to apply for leave to appeal to the UK High Court. Although the defendant side, which has already lost the legal battle, has one more opportunity to fight for a reversal in Mallya’s extradition case as the appeal will be heard in the high court.

According to the relevant sections of the UK extradition act, a person ordered to be extradited can appeal for the reversal of the order if there is a risk of him or her to face a death penalty or the person can be tried for other crimes apart from the extradition offence.

However, the chances are unlikely for Mallya to win the battle based on the above riders, but the defendant can go ahead with their previous arguments such as violating his fundamental right, not having substantial evidence against what was mentioned in the Central Bureau of Investigation (CBI) probe.

Based on this, the appeal will be heard in the high court.

If the high court rejects the defendant’s appeal, Mallya can still approach the UK Supreme Court within two weeks of the high court verdict. However, that is only possible if the high court says the case involves a “point of law of general public importance”.

If the verdict order, however, does mention the above, Mallya will be extradited as per the verdict and the previous order.

If Mallya does get the opportunity from the high court to file his appeal to the UK Supreme Court, it can take months before the appeal can be scheduled for hearing and weeks for the Supreme Court to pronounce its verdict.

After it pronounces its verdict, the case will again be heard in the Home Secretary’s court. If they order Mallya’s extradition, he will be extradited within 28 days. However, there are chances that the court can delay the extradition, which could can again lead to years.

—India Legal Bureau

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