Thursday 20 April 2017

Govt to hire UK arbitrator to bring back Vijay Mallya

Vijay Mallya

The government is planning to get on board a UK-based “independent arbitrator” to appear on behalf of Indian authorities and put up a strong case of extradition against absconding liquor baron Vijay Mallya, an Enforcement Directorate (ED) official said.

The move comes in view of India’s past experiences with extradition cases and long-drawn legal processes.

Mallya was briefly arrested in London on Tuesday over accusations of fraud by Indian probe agencies and presented before the Westminster Magistrates’ Court for an extradition hearing. He was released on bail a few hours later.

The 61-year-old businessman had fled India last year after banks started seeking his arrest over unpaid loans tied to his defunct Kingfisher Airlines.

“The person who will represent the case should be well-versed with the judicial system of the country where the matter will be heard. The court of law differs from country to country, so it is essential that the representative knows the law and legal remedies of that country,” said the official cited above.

Sources said there were at least a dozen instances in the past when Indian agencies lost cases due to lack of understanding of the State laws.

Some officials said the chances of Mallya being extradited anytime soon were less than 30 per cent, considering the “civil” nature of charges against him. He can seek relief on the grounds that he is not one among the “big loan defaulters”. Loan default cannot be a major factor to extradite any person, another official of the enforcement agency said.
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