Court allows Mallya to appeal against extradition; setback for Indian govt

LONDON: The Royal Court of Justice on Tuesday allowed Indian Vijay Mallya to appeal against his extradition order to India, providing huge relief to the liquor baron.

Vijay Mallya had sought permission to appeal against his extradition order signed off by the UK home secretary to face fraud and money laundering charges amounting to Rs90 billion in India.

After Justices George Leggatt and Andrew Popplewell announced the ruling, Mallya said he was feeling positive. He was represented by leading extradition lawyer Clare Montgomery. “The flamboyant tycoon was refused permission to appeal in April but on Tuesday he went before the High Court to argue that his appeal should be heard. If he had failed to win then he could have been extradited to India within days.

The defence lawyer told the court that the Requesting State, or the government of India, and the UK Home Secretary had chosen not to be represented, indicating that the onus lies entirely on Mallya’s defence team to establish the grounds for permission to appeal against the lower court’s ruling in favour of the extradition.

Montgomery reiterated many of her arguments laid out during the extradition trial at Westminster Magistrates’ Court last year and characterised aspects of Chief Magistrate Emma Arbuthnot’s ruling as “plain wrong”. She stressed that Mayyla’s human rights will be violated if not allowed to appeal and if extradited to India. She pointed out before the court that "the banks were fully aware of his financial situation and the position in with KFA (Kingfisher Airlines) was in and knew the lendings would be used for all sorts of things."

The lawyer argued that the documents provided in favour of Vijay Mallya have not been considered properly.

Earlier, on April 5, the UK High Court had rejected a plea filed by Vijay Mallya against his extradition order. The Westminster Magistrates' Court had already ordered the extradition of Vijay Mallya which was accepted by the UK Home Office.

Clare Montgomery told the court her client had been “deliberately set up as a lightning rod of public anger at India’s bad debt” and the “personification of all India’s financial ills.” She claimed to the High Court that the “political heat” of the case was such that he would not get a fair trial. She said: “Mr Mallya has no political opinions but others seek to invest what he’s done with political significance.”

In written arguments she claimed that if he were sent back to India Mr Mallya would be held in an overcrowded prison which is “unbearably hot in summer” with drains which are uncovered and where rats and insects have “free rein in the cells.” No date has yet been set for the appeal hearing.