Coronavirus pandemic may affect Mallya's extradition timeline
LONDON: Former Chief of Kingfisher Airlines Vijay Mallya On Thursday he lost his latest attempt in UK courts to block his extradition to India to face fraud and money laundering charges, as the London High Court dismissed his request for permission to appeal to the Supreme Court.
The case will now return to the UK Home Secretary to formally certify the extradition order, and the removal of the 64-year-old businessman is expected to take place within 28 days.
However, the coronavirus pandemic could cause a temporary delay, due to the UK's obligations under article 3 under the European Convention on Human Rights, in relation to inhuman and degrading treatment or punishment.
There is now a question that the UK could be in breach of Article 3 if it extradited a person to a country where they could be at risk of being detained in an environment where they are at risk of contracting coronavirus, the lawyer said. , co-founder of Guernica 37 International Justice and extradition specialist.
In principle, Mallya has one legal route left before his removal, which is to appeal to the European Court of Human Rights in Strasbourg, France, seeking a provisional order against his extradition.
You are likely to file a request with the European Court of Human Rights to issue a provisional order to prevent imminent expulsion. Issuing provisional orders banning extradition is quite rare and the threshold is relatively high, Cadman said.
If unsuccessful, your legal team may also try to suspend the removal due to the extraordinary circumstances caused by the COVID-19 pandemic, but that is a temporary obstacle rather than a permanent solution, he added.
If Mallya appears before the ECHR, he will argue that he will not receive a fair trial and that he will be detained in conditions that violate Article 3 of the European Convention on Human Rights, of which the United Kingdom is a signatory. This was a route that the wanted were also using only a few days before his extradition, but he was unable to secure the provisional order and was eventually extradited to India in February to face match-fixing charges, involving former South African cricket captain Hansie Cronje. in 2000.
Earlier on Thursday, Lord Justice and Justice Elisabeth Laing, the two-member bench in the London Courts presiding over Mallya's appeal, delivered their judgment against any other appeals in the UK courts.
It marks the final phase of a three-year legal battle since Mallya was arrested on extradition order in April 2017. He remains on probation, believed to be dividing time between a luxurious apartment near Baker Street in London and his mansion. in London. Tewin's people.
In his verdict at the end of a year-long extradition trial in December 2018, the Chief Magistrate of the Westminster Magistrates Court in London found clear evidence of dispersion and misapplication of loan funds and accepted a prima facie case of fraud and conspiracy. Launder money against Mallya, who was accepted by the High Court in his ruling last month.
The Superior Court effectively ruled that even if the Chief Magistrate's approach was wrong, his decision was not wrong, Cadman said.
The chief magistrate had also dismissed any extradition bar because of the prison conditions under which the businessman would be held at Barrack 12 in Mumbai. His decision to accept guarantees from the Indian government that Mallya would receive all necessary medical care behind bars was also successful.