Vijay Mallya seeks UK court permission to appeal against extradition order


Beleaguered businessman Vijay Mallya, wanted in India for alleged fraud and money laundering amounting to an estimated ₹9,000 crores, has filed an application in the U.K. High Court, seeking permission to appeal against an extradition order signed by the British Home Secretary.

The 63-year-old businessman, who remains on bail on an extradition warrant in the U.K., made the application in the Administrative Court division of the High Court on Thursday, 10 days after Home Secretary Sajid Javid signed the order, triggering a 14-day window for his appeal application.
Sent for a judge on papers decision

The application has been sent for a judge on papers decision, which is expected any time between two to four weeks, a U.K. court representative said.

A judge on papers decision will involve a High Court judge determining the merits of the application and if it is accepted, the case will proceed to a substantive hearing in the next few months’ time.

In the event that Mr. Mallya’s application is rejected at this stage, he will have the option to submit a renewal form .

The renewal process will lead to a 30-minute oral hearing during which Mr. Mallya’s legal team and the Crown Prosecution Service (CPS) — on behalf of the Indian government — will renew their respective claims for and against an appeal for a judge to determine if it can proceed to a full hearing.

The process, to be heard in the Royal Courts of Justice in London, could take months as the listing of a hearing will depend on the availability of judges and other factors.
Right to appeal to Supreme Court

Following the outcome at the High Court level, both sides could apply for the right to appeal to the Supreme Court, which would involve at least another six weeks. However, that process is more complex as the U.K. High Court must certify 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.

Mr. Mallya and his legal team have not made a renewed comment in relation to the appeal but soon after the Home Secretary signed on the Westminster Magistrates’ Court order in favour of extradition on February 4, the businessman had taken to social media to confirm his plans to seek an appeal.

“After the decision was handed down on December 10, 2018 by the Westminster Magistrates Court, I stated my intention to appeal. I could not initiate the appeal process before a decision by the Home Secretary. Now I will initiate the appeal process,” he said in a Twitter statement earlier this month.
Call to PM Modi

The former boss of the now-defunct Kingfisher Airlines took to Twitter again this week to urge Prime Minister Narendra Modi to accept his settlement offer in relation to the airline’s loan default.

“I respectfully ask why the Prime Minister is not instructing his banks to take the money I have put on the table so he can at least claim credit for full recovery of public funds lent to Kingfisher,” he said, adding that his offer to the Karnataka High Court should not be dismissed as frivolous because it is a perfectly “tangible, sincere, honest and readily achievable offer.”

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