Vijay Mallya
To appeal against a British court's verdict in favour of his extradition to India, Vijay Mallya intends to file an application, confirmed liquor baron's legal team on Wednesday.
Last week, after the ruling by Westminster Magistrates’ Court, Mallya (63) said that he would consider the verdict in detail and decide his next course of action.
As per the procedures of the Extradition Treaty, the Chief Magistrate’s verdict has to be sent to UK Home Secretary because it is the minister who is authorised to order Mallya’s extradition.
The minister has to make the decision within two months. The Home Secretary’s order rarely goes against the court's conclusions. Meanwhile, Mallya remains on bail on an extradition warrant executed by Scotland Yard in April last year.
"Mallya has now been able to consider the court's decision and intends to file an application for permission to appeal at the appropriate time," said Anand Doobay, Partner at UK-based Boutique Law LLP, who has been Mallya’s solicitor through the extradition trial process.
"Whatever that decision (by the Home Secretary), the losing side has up to 14 days within which to approach the High Court and seek leave to appeal. Any appeal – if granted – will be heard at the Administrative Court [High Court],” noted a statement by the Crown Prosecution Service (CPS), which represents the Indian government in the extradition case.
The Indian authorities have brought fraud and money laundering charges amounting to Rs 9,000 crores against the former Kingfisher Airlines boss.
While Mallya's legal team had argued in the UK court that the default on the loans sought by the now-defunct airline were the result of business failure, the CPS had claimed fraudulent intentions by the businessman in seeking and then dispersing those loans.
Judge Arbuthnot, in her ruling delivered on December 10 at the end of a year-long trial, concluded there is a case to answer in the Indian courts over substantial "misrepresentations" by the "flashy billionaire" of his financial dealings.
The judgment had also dismissed the defence team's attempt to challenge the case on human rights grounds by claiming that Barrack 12 of Arthur Road Jail in Mumbai, where the businessman is to be detained following his extradition, did not meet the requirements.
The UK court said it was satisfied with the various assurances provided by the Indian government, including a video of the jail cell, which had not only been recently redecorated but was also far larger than the minimum required threshold.
Mallya needs permission to appeal against this verdict within 14 days of the Home Secretary’s decision, and the case would then proceed to the UK High Court if the appeal is allowed.
To go on to a further level of the Supreme Court, there is some limited recourse for the case.
(With PTI inputs)
