New Delhi, May 11: With the United Kingdom refusing to deport Vijay Mallya, a long drawn and tedious process of extradition will now be undertaken by India.
The first step would be taken by the Enforcement Directorate which through the Central Bureau of Investigation have a red corner alert against Mallya.
Earlier, the United Kingdom had said that it cannot deport Mallya on the basis of his passport being revoked. According to the Immigration Act in the UK, an individual does not need a passport to remain in the country.
The UK has also said that it was ready to assist India if there was an extradition request or mutual legal assistance. India has with the UK a extradition treaty that was signed in 1993 and a Mutual Legal Assistance Treaty entered into in 1992.
Red corner notice:
The Enforcement Directorate will now approach the CBI to get a red corner notice issued against Vijay Mallya. The ED would quote the three summons it has issued to Mallya failing which the court had issued a non-bailable warrant against him.
Once a red corner alert is issued it becomes mandatory to all nations which are members of the Interpol to either detain or arrest him.
Once he is detained or arrested then the process of extradition would begin. A CBI officer says that it is not exactly an easy process. It is a long drawn one. First and foremost the UK would go through all the case paper and only if convinced will extradite him.
However Mallya can go ahead and challenge the decision to extradite him before a local court. The courts would then take a call on the matter and at times such issues do drag on for some years the officer also said.
The officer also says that normally investigating agencies prefer the deportation process as it is faster. In the case of an extradition there is a lot of procedures which are often time consuming.
Moreover Mallya has always been claiming that he is a victim of political witch hunt and the cases filed against him are false. If there is an extradition order against him and he decides to approach the courts then all this would be throughly examined, the officer also added.