A UK court ordered that fugitive businessman Vijay Mallya will be extradited to India as there was no sign of a false case being mounted against Mallya. He faces charges of fraud and money laundering to the tune of nine thousand crore rupees.
Extradition:
Meaning:
Extradition is a process where one governmental authority formally returns an alleged criminal to another governmental authority for prosecution for a criminal charge.
It is initiated when a person commits a crime in country and flees to another country.
Extradition vs deportation:
Unlike deportation, extradition is a judicial process.
g. in India a request to extradite an accused can be initiated only after a chargesheet is filed before the court and the court seeks the presence of the accused to face trial.
Extradition treaties & arrangements:
In India, the extradition of a fugitive from India to a foreign country or vice-versa is governed by the provisions of Indian Extradition Act, 1962.
To ensure extradition, extradition treaties exists between nations. India currently (as of June 2018) has extradition treaties with 48 countries. The U.K. is among them.
Recent verdict:
Chief Magistrate Emma Arbuthnot ordered businessman Vijay Mallya to be extradited to India pointing to numerous misrepresentations made by Kingfisher Airlines and the businessman during the course of obtaining loans from a consortium of banks, including IDBI.
The judge referred the case to British Home Secretary Sajid Javid for signing the extradition order. Under the treaty, Mr. Javid has two months to order the extradition, after which any appeal process would kick off.
Mallya has the right to appeal to the High Court and should that go against him he could apply for leave to appeal to the Supreme Court.
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