Mallya ordered to be extradited: How long before he is in India
New Delhi, Dec 10: The Westminster Magistrate's court has delivered its verdict and has said that Vijay Mallya will be extradited. While there is ample reason to rejoice, there are still a few more legal remedies available for Mallya, which could delay the extradition a bit.
With the Chief Magistrate Judge, Emma Arbuthnot passing this order, UK Home Secretary Sajid Javid will now pass the order based on the verdict. Both sides now have 14 days to file an appeal.
The court while ordering that his liable to be extradited also recommended the same to the Home Secretary. An extradition cannot take place unless and until the Home Secretary signs it off. There have been instances in the past where the signing has been delayed. In the Tiger Hanif case, despite a representation being made in 2013, the Home Secretary is yet to take a decision on the same.
Mallya will now challenge this decision before a local court. He can also move the higher courts in this regard. If he loses all these remedies, he can make a representation to the Home Secretary. In the Hanif case, he has also decided to move the European Court of Human Rights against his extradition.
While the track record where extraditions are concerned are nothing to tom-tom about, especially when it comes to the UK, the Mallya case is a huge victory for India.
There are 131 extradition requests made by India pending with the UK. In almost all the cases, the accused persons have told the UK authorities that there is either a political vendetta against them or the chances of them being tortured by the Indian police is high.
Courts in the UK which are approached by such persons have not been entirely helpful either. Even if the government is considering the extradition request, the courts normally come in the way.
The courts in the UK often take a lenient view towards the accused petitioners who claim that they would be tortured. Further the courts also consider seriously when the petitioner alleges that cases had been slapped against him or her out of political vendetta. However in the Mallya case, India has successfully managed to fight off these allegations.