Fugitive liquor businessman Vijay Mallya filed an appeal in a London court against extraditing himself to India. Mallya has filed this application in the Supreme Court of London. On 20 April, the British High Court dismissed Mallya’s appeal and he had to file an appeal in the Supreme Court within 14 days. Vijay Mallya is wanted in the case of fraud and money laundering of around Rs 9,000 crore in India.
Spokesperson for the UK Crown Prosecution Service (Royal Prosecution Service), a judicial company that favored the Indian government in the court process in Britain, said, “The application has been filed for exemption to appeal.” We have till 14 May to file his reply. Expert in extradition cases and Guernica 37 International Justice Chambers co-founder Toby Cadman said, “The High Court has effectively ruled that even if the Chief Magistrate’s approach was wrong, his decision was not wrong.” Therefore, it is clear that before Mallya, there is a big hurdle in the way of getting permission to challenge it in the Supreme Court.
Mallya can also subsequently apply to the European Court of Human Rights to stop his extradition on the grounds that he will not get a fair trial after extradition and can be detained in violation of the European Convention on Human Rights is. However, the conditions of such appeals are also very strict and there is very little possibility that Mallya’s appeal in this regard will be accepted in the European Court of Human Rights.
Mallya has been declared a fugitive in India. He has been in the UK since March 2016. He was detained by Scotland Yard in the UK on 18 April 2017. He has been out on bail since then. The UK Home Department has approved his extradition on the demand of Indian investigative agencies. Mallya is pleading against him in judicial forums, but he has not been successful.
The extradition treaty between India and Britain was signed in 1992. The treaty has been in effect since November 1993. So far only one successful extradition has taken place from Britain to India. Sameerbhai Beenubhai Patel was sent to India in 2016 to face trial for the 2002 riots following the Godhra violence.