Indian tycoon Vijay Mallya, who has been declared a proclaimed offender, is likely to challenge his extradition to India from the UK on the grounds that the charges against him are politically motivated, a legal expert said on Wednesday.
The 61-year-old liquor baron, who has been living in self-imposed exile in Britain since last year, was arrested by Scotland Yard on Tuesday on fraud allegations, triggering an official extradition process in the British courts.
Mallya was released on conditional bail a few hours later after providing a bail bond worth 650,000 pounds and assuring the court of abiding by all conditions associated with extradition proceedings, such as the surrender of his passport and a ban on him possessing any travel documents.
The UK’s Crown Prosecution Service (CPS) will now argue the case on behalf of the Indian authorities.
“The Crown Prosecution Service, acting on behalf of the Indian authorities, will need to demonstrate a prima facie case ie. Produce some evidence to show that the criminal charges against Mallya, for which his extradition is sought, are justified,” said Javinder Nakhwal, partner at Peters and Peters Solicitors LLP and member of the UK’s Extradition Lawyers Association.
“There are a number of grounds on which it is possible to contest extradition, some of which might not be relevant to Mallya’s case. Mallya may seek to challenge extradition on the basis that the request for his extradition is politically motivated, and that any extradition would constitute a breach of certain human rights,” she explained.
The precise grounds on which Mallya contests his extradition remains to be seen.
His legal team will seek to support their arguments with factual and/or expert evidence and can claim he won’t get a fair trial in India and can also raise the condition of Indian prisons as a factor behind the extradition request being declined.
The Indian authorities will have an opportunity to respond to any such evidence, she said.(read more)