Vijay Mallya was arrested in London on the basis of the Indian government’s application and he got instant bail. Given the British laws, it seems that bringing Mallya to India is just a far cry. India had formally requested for extradition of Mallya through a note Verbell on February 8, in line with an extradition treaty with Britain.
According to the experts, there are three types of roads in the country for the sake of reversal and they are under the Indian Penal Code, Criminal Procedure Code and the Evidence Act. But if the government will push it then success will be achieved in extradition. There is also a way to negotiate with the British Government for the Government of India.
The Government of India handed over the application to Britain that it has a valid case against Mallya. The government had mentioned that if extradition inspection is respected, then it will demonstrate Britain’s sensitivity to our worries. Earlier this year, a CBI court had issued non-bailable warrants against Mallya in the case of the Rs 720 crore IDBI Bank loan default case.
Tough to extradite
Last month, the British government had certified the request of India in relation to Mallya’s extradition process and sent it to a district judge for further action. The process of extradition from Britain involves several steps including issuing arrest warrants by the judge. In the case of a warrant, the person is arrested and brought to court for initial hearing. Then there is an extradition hearing before the External Affairs Minister makes a final decision.
Britain has a complex legal system. First of all, the judge will have to be satisfied that the allegations made in India on Mallya do not fall under the criminal category in Britain. Judges of the London Court will also decide if extradition of Mallya is not in accordance with their human rights or incompatible. If the judge is satisfied, the matter will be referred to the Ministry of External Affairs for the final decision. Mallya has the right to challenge the verdict in the High Court and then in the Supreme Court
