Vijay Mallya can appeal against extradition

LONDON: The London high court ruled on Tuesday that fugitive tycoon

may appeal against his extradition to India on his argument that no prima facie case is made out against him. The ruling will be seen as a major blow to the Indian investigating authorities.

The decision followed a four-hour hearing at which Clare Montgomery QC, extradition barrister for Mallya, argued that there had been a series of faults with the decision by chief magistrate Emma

Arbuthnot

in December 2018 to send his case to the home secretary and that Sajid Javid had failed in his duty to check that Mallya would not be dealt with for different offences other than the ones he was being extradited for once in India. The Indian government made written submissions to the court but did not have a barrister in court.

Montgomery put forward five grounds upon which she wanted leave to appeal, the first of which was that there was no prima facie case to answer. Justice George Leggatt, who presided over the case with Justice Andrew Popplewell, granted Mallya permission on Tuesday to appeal on the prima facie grounds, but rejected the other grounds.

The other grounds were that prison conditions in India were inhuman, that the charges against Mallya were politically motivated, that he would not receive a fair trial in India and that he might be dealt with in India for other offences, beyond the ones he was being extradited for. The court heard that Mallya was facing more than 40 criminal cases in India, in some of which warrants had been issued for his arrest.

Extradition barrister Malcolm Hawkes, of Doughty Street Chambers, said: “The fact he has been granted permission to appeal on the prima facie case is quite interesting as that is the bedrock of the case. There is quite a low threshold the government of India has to reach to persuade the British court there is a case to answer in India, so this suggests to me that government of India evidence is either weak or inadmissible.”

Now that Mallya has been granted leave to appeal, a full hearing is expected to be listed at the high court in about four to six months. If Mallya wins that, he will be discharged. If he loses, he could still try to appeal in the Supreme Court if he can persuade the court there is a point of law of general public importance in his case. A Supreme Court hearing would likely take at least one year after the high court hearing.

If Mallya wins his appeal in the high court, it would be open to the Indian government to try to appeal that decision in the Supreme Court, again having to meet the test of identifying a point of law of general public importance.

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