The decision of the Britain government to turn down India’s request to deport liquor-baron Vijay Mallya is a big blow to the Modi government and kills any remaining hope for 17 banks, including State Bank of India, to get back Rs 9,000 cr Vijay Mallya’s grounded airline, Kingfisher owes to them. This is a classic example of investigative agencies and banks acting too late in a high profile case and ended up letting Mallya escape the law.
The UK government’s response came nearly after two weeks after India made a request for the deportation of Mallya, whose Indian passport was revoked in a bid to secure his presence for interrogation and investigations against him under the Prevention of Money Laundering Act 2002.
Arun Jaitley Minister of Finance of India said he was not surprised by the United Kingdom government’s stand but the Government of India is working on the extradition process.
Another alternative process, is that when chargesheet is filed after investigation, then extradition has to be demanded: FM Jaitley in RS
— ANI (@ANI_news) May 11, 2016
The United Kingdom government has informed us that under the 1971 Immigration Act, the United Kingdom does not require an individual to hold a valid passport in order to remain in the United Kingdom if they have extant leave to remain as long as their passport was valid when leave to remain or enter the United Kingdom was conferred.
At the same time the U.K (United Kingdom) acknowledges the seriousness of the contentions and is keen to assist the Indian Government. They have asked GoI to consider requesting settlement legal assistance or deporting Ministry of External Affairs spokesperson Vikas Swarup said.
The 60-year-old VIjay Mallya a Sahara Force India F1 boss known as the King of Good Times for his jolly party lifestyle, is the subject of a non-bailable warrant issued by a special judge in Bombay (Mumbai).
India’s ED (Directorate General of Economic Enforcement) a government organization set up to fight financial crime, has accused Vijay Mallya’s UB Group of using 4.3 billion rupees ($64 million) of bank loans to United Breweries Group Kingfisher to buy property overseas.
Creditors, led by S.B.I have rejected an offer of partial repayment by Vijay Mallya, who had given a personal guarantee for the Kingfisher Airlines loan.
They have demanded that the former billionaire attend a hearing in India’s Supreme Court.
Vijay Mallya has denied wrongdoing, calling the charges against him ridiculous. He has also offered a settlement to his creditors that they have so far refused to consider. No comment was instantly available from a Kingfisher’s spokesman. $1 dollar = 66.7 rupees.
Has a valid United Kingdom visa
A non-resident Indian, Mallya has a United Kingdom residency permit since 1992. The Government of India has been told that though his passport has been cancelled, he has been staying there on a valid United Kingdom visa. The liquor baron’s name also figures in the United Kingdom electoral rolls. He lives in a 3 storey mansion not for from London that place named as Ladywalk at Tewin in Hertfordshire.
Like Lalit Kumar Modi case
Indian agencies are worried that Vijay Mallya’s case might go the Lalit Modi way. In Lalit Kumar Modi’s case too, they have not been able to make headway in bringing him back. The Interpol has also not accepted the request for a Red Notice against him.
As extradition is an executive action it is considered to be a quicker process than extradition, in which investigating organizations have to establish prima facie fault of the person. Besides, the accused has recourse to several defences under the deportation treaty.
Now, the extradition of Vijay Mallya from the United Kingdom. will be possible only when he is convicted or accused of an act identified as criminal breach of the law offence in both the countries. The deportation treaty empowers the United Kingdom authorities to make provisional arrests in urgent cases.
However, India was hoping to get the liquor tycoon baron, who is facing arrest over allegations of fail to pay bank loans of over Rs 9,400 cr, through the expeditious route of expulsion and not go through the lengthy process of extradition.