Mallya to file for permission to appeal extradition decision

Vidya Ram London | Updated on December 19, 2018

Vijay Mallya (file photo).

Vijay Mallya will attempt to appeal the judgment of Westminster Magistrates’ Court Chief Magistrate Emma Arbuthnot that he should be extradited to India to face charges related to fraud and money laundering.

Anand Doobay, his lawyer, confirmed that Mallya, after considering the court’s decision, intends to “file an application for permission to appeal at the appropriate time.”

Last week, Arbuthnot had ruled that Mallya should be extradited, and referred the case to British Home Secretary Sajid Javid for the signing of the extradition order.

Javid has two months from the judgment to determine whether or not to order the extradition. In making his decision the minister has to consider issues including whether the death penalty would be involved or the person be extradited to a third country (neither of which would apply in this case).

Two week’s time

Should the extradition be ordered, Mallya would have 14 days to lodge an appeal with the High Court. Beyond that a further attempt to appeal is also possible to the Supreme Court, but only if the High Court certifies that the “appeal involves a point of law of general public importance, and either the High Court or the Supreme Court gives leave for the appeal to be made.”

In ruling against Mallya, Arbuthnot pointed to factors such as numerous “misrepresentations” that had been made by Kingfisher Airlines and the businessman during the course of obtaining loans from a consortium of banks including IDBI. In a summary statement after announcing her judgment, Arbuthnot had described Mallya as a “glamorous, flashy, famous, bejewelled, bodyguarded, ostensibly billionaire playboy” and rejected the defence suggestion that a “false case” was being mounted against him to “assuage CBI’s political masters” or that it was a politically motivated case.

Once extradition is ordered by the Home Secretary, the Crown Prosecution Service’s barrister Mark Summers — acting for India — said they would be seeking to recover at least £260,000 in legal costs.

Other challenges

Beyond this case Mallya faces other legal challenges, including an attempt to foreclose on the mortgage on his London home, and a hearing in spring 2019 in which a consortium of banks seeking the return of £1.145 billion in assets will ask to have him declared bankrupt.

Obtaining such an order would lead to the appointment of a trustee in bankruptcy who could use their statutory powers to seek to realise the value of Mallya’s worldwide assets for the benefit of creditors.

Published on December 19, 2018

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