Published 16:37 IST, July 2nd 2019
Desperate Vijay Mallya arrives at UK high court for extradition appeal, details here
Embattled liquor tycoon Vijay Mallya arrived at the UK High Court on Tuesday to seek permission to appeal against an extradition order signed off by UK home secretary Sajid Javid for him to be extradited to India to face alleged fraud and money laundering charges amounting to Rs 9,000 crores.
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Embattled liquor tycoon Vijay Mallya arrived at UK High Court on Tuesday to seek permission to appeal against an extradition order signed off by UK home secretary Sajid Javid for him to be extradited to India to face alleged fraud and money laundering charges amounting to Rs 9,000 crores.
63-year-old former Kingfisher Airlines boss said he was feeling "positive" as he entered Royal Courts of Justice here. He has already lost a UK High Court "leave to appeal" on paper, leading to an oral hearing of his renewal application this week.A two-judge bench of Administrative Court division of Royal Courts of Justice in London will hear application, filed in April.
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During day-long hearing, listed before Justices George Leggatt and Andrew Popplewell, Mallya's legal team and Crown Prosecution Service (CPS) arguing on behalf of Indian government will go head to head to reiterate factors for and against businessman's extradition to Arthur Road Jail in Mumbai.
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judges are likely to reserve ir judgment in case and hand down ir ruling in coming weeks.In scenario that Vijay Mallya is unsuccessful in his appeal, he must be extradited within 28 days from appeal decision becoming final. However, if he is granted permission to appeal, case will n proceed to a full hearing st at UK High Court.
appeal will mark one of final sts of appeals process, as chances of permission to appeal to Supreme Court are unlikely if such a permission is already denied at High Court st.
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"It is t for me to prejudge outcome of appeal, but he [Mallya] does face serious challenges in overturning order for extradition, said Toby Cadman, co-founder of Guernica 37 International Justice Chambers.
" right to appeal against an extradition order is t straightforward. His defence will have to prove fairly strong grounds to convince judges to grant an appeal," explained Cadman, a UK-based barrister who handles high-profile extradition cases.
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An appeal to UK's Supreme Court is quite a rare prospect in extradition cases such as this one, as Mallya's defence team would need to have a "point of law of general public importance" certified by Administrative Court of High Court.
re is a final recourse for Vijay Mallya to approach European Court of Human Rights (ECHR) based in Strasbourg, France, to argue against his extradition to India on human rights grounds by trying to prove a real threat of harm or torture or that he would t receive a fair trial.
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" likelihood of ECHR intervening in a case such as this is slim indeed as threshold is very high," said Cadman, who explained that European court would take into account that human rights related arguments had already been taken into account at different levels during UK court process and that India is democratic country with an established rule of law.
Meanwhile, Vijay Mallya has continued to make a series of interventions on social media to offer 100 per cent payback to state-owned Indian banks to cover his w-defunct Kingfisher Airlines' debt. He remains on bail on an extradition warrant executed by Scotland Yard in April 2017, involving a bail bond worth 650,000 pounds and or restrictions on his travel.
At end of a year-long extradition trial at Westminster Magistrates' Court in London last December, Chief Magistrate Emma Arbutht had found "clear evidence of dispersal and misapplication of loan funds" and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by CPS on behalf of Indian government.
court had also dismissed any bars to extradition on grounds of prison conditions under which businessman would be held, as judge accepted Indian government's assurances that he would receive all necessary medical care at Barrack 12 in Mumbai's Arthur Road Jail.
16:05 IST, July 2nd 2019