New Delhi: The embattled liquor baron Vijay Mallya’s extradition case will make its return to the UK court on Tuesday. The 63-year-old owner of the defunct Kingfisher airlines will appear in court seeking permission to appeal against an order signed off by the United Kingdom Home Secretary Sajid Javid to extradite him to India to face alleged fraud and money laundering charges summing up to Rs 9,000 crore.
Mallya had earlier appealed to the court in a written application against the extradition, however, the appeal was rejected by Judge William Davis on April 5.
A two-judge bench, George Leggatt and Andrew Popplewell of the Administrative Court division of the Royal Courts of Justice in London, will hear the application. The judges are likely to disclose judgement in the coming weeks after proper assessment of the case.
If Mallya is unsuccessful in his appeal, he will be extradited to India within 28 days of the final appeal decision made by the court. However, in case he is granted permission, the case will proceed to a full hearing stage at the UK Court.
“The right to appeal against an extradition order is not straightforward. His defence will have to prove fairly strong grounds to convince the judges to grant an appeal,” Tody Cadman, a UK-based barrister who handles high-profile extradition cases, explained to news agency PTI.
An appeal to the 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 the Administrative Court of the High Court.
Following a failure in Tuesday’s appeal, the only recourse remaining for Mallya is to approach the European Court of Human Rights (ECHR) in Strasbourg, France, to present his case on human rights ground by proving a threat of harm or torture, or of not receiving a fair trial
However, Cadman said, “The likelihood of the ECHR intervening in a case such as this is slim indeed as the threshold is very high.”
With PTI inputs