Saturday, December 22, 2018

Mallya unlikely to be allowed to appeal extradition order till Jan

Naomi Canton

22.12.2018

Liquor tycoon Vijay Mallya will have to wait till the end of January to file his appeal against a UK court’s ruling in favour of his extradition to India to face trial for defaulting on loans.

On December 10, the Westminster magistrates’ court ruling was sent to the UK home office for consideration. The decision to officially order the extradition is now in the hands of home secretary Sajid Javid. Javid has 60 days to make a decision, but he can apply to the court for an extension if he needs to seek information from the Indian government.

Javid also has to allow 28 days for representations by the defence, which he must consider before writing up his decision. After he makes his decision, the losing side has 14 to appeal against the decisions of both Javid and the court.

Earlier this week, Mallya’s solicitor Anand Doobay said his client would be appealing the Westminster magistrates’ court’s decision. “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,” he said. While making his decision, Javid will weigh the risk of Mallya facing charges different from the ones he is being extradited for once he is back in India.

CBI and ED will now need to get their paperwork in order. It may have won a ruling in favour of extradition, but the British judge had embarrassing things to say about their presentation of evidence.

District judge Emma Arbuthnot criticized the evidence presented by the Indian government more than once for being repetitive and said it contained “many witnesses producing similar information”.



Court finds Indian bank officials complicit

London: While Indian bank officials are yet to be convicted back home, chief magistrate Emma Arbuthnot has pronounced them guilty. She wrote in her December 10 judgment: “I find a prima facie case of conspiracy to defraud which involves not just KFA (Kingfisher airlines) executives but also the named bankers in IDBI.” She said there had been a “catalogue of failures of the bank of different levels” which included “the failure to abide by their own rules when it came to a new client… and to investigate the representations that KFA made at various stages to obtain the loans”. TNN

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