New Delhi: In a major embarrassment to the Indian government, the United Kingdom has declined the request of Indian authorities to deport disgraced Indian businessman, Vijay Mallya.
United Kingdom has expressed its inability to accede to the request. This is, despite the fact that Mallya's diplomatic passport was revoked by the External Affairs Ministry on April 24. UK said they will not be able to deport him, as the liquor baron possesses the UK residency permit since 1992. However, according to senior government sources, the U.K. authorities have agreed to consider the government’s request for Mallya’s extradition under the 1993 treaty.
Indian agencies arefearing Mallya’s case might go the Lalit Modi way. In Modi’s case too, Indian authorities have not been able to make any headway in bringing him back. The Interpol has also not accepted the request for a Red Notice against him.
While speaking to NewsX, Hitesh Jain, BJP spokesperson said, "We do not consider this as a setback. It's a lengthy legal process. UK is considering India's request".
Ground for extradition
The extradition of Vijay Mallya from the U.K. will be possible only when he is accused, or convicted, of an act recognised as criminal offence in both the countries. The extradition treaty empowers the U.K. authorities to make provisional arrests in urgent cases.
Difference between deportation and extradition
Deportation differs from extradition in the sense, deportation is a civil procedure. However, in an extradition hearing, the ultimate destination of the individual is essential to the process. In the deportation hearing, the destination is not the focus of the hearing. Deportation is the act of exiling, transportation while extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence.
The 'King of bad times'
Mallya, the promoter of the now-defunct Kingfisher Airlines that owes over Rs. 9,000 crore to nationalised banks, flew out of the country on March 2. The ED served three notices, seeking his personal appearance to join the probe in the alleged Rs.900-crore IDBI Bank money laundering case registered against him, the airline and others. However, he did not turn up, leading the agency to get an arrest warrant against him.
In July 2015, the Central Bureau of Investigation had registered a case against Mr. Mallya, Kingfisher Airlines and others.