London: Liquor baron Vijay Mallya said late Monday evening that he would appeal against his extradition order to India.
Earlier his extradition was approved by UK Home Secretary, boosting India’s efforts to bring back the fugitive businessman. The 63-year-old business tycoon had been found to have a case to answer before the Indian courts by Westminster Magistrates’ Court here, December 10, 2018. The extradition order was signed by UK Home Secretary Sajid Javid because only he was authorised to do so.
Mallya now has 14 days from February 4 to apply for leave to appeal to the UK High Court. Mallya said he would do that in a tweet.
“After the decision was handed down 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,” Mallya tweeted.
The Home Secretary’s order rarely goes against the court’s conclusions as he has to consider only some very narrow bars to extradition which are unlikely to apply in this case, including the possible imposition of a death penalty in a particular case.
The UK Home Office confirmed Monday that after considering all matters, Javid had signed Mallya’s extradition order Sunday.
“February 3 the Secretary of State, having carefully considered all relevant matters, signed the order for Vijay Mallya’s extradition to India,” a Home Office spokesperson said.
“Vijay Mallya is accused in India of conspiracy to defraud, making false representations and money laundering offences,” the spokesperson added.
The businessman had told reporters soon after the ruling by Chief Magistrate Emma Arbuthnot in London in December 2018 that he would consider the verdict in detail and decide his next course of action. His legal team later confirmed that he will seek leave to appeal against the court order.
“Dr 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 process.
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 Crown Prosecution Service (CPS) had claimed fraudulent intentions by the businessman in seeking and then dispersing those loans.
If Mallya’s appeal is allowed the case would then proceed to the UK High Court. There is some limited recourse for the case to go on to a further level of the Supreme Court, but that is only possible if the High Court certifies that the appeal involves a point of law of general public importance, and either the High Court or the apex court gives leave for the appeal to be made.
PTI
