Extradition request for Vijay Mallya certified by UK secretary of state

NEW DELHI: India has moved a step closer to getting financial fraud-accused industrialist Vijay Mallya sent back. Ministry of external affairs spokesperson Gopal Baglay said on Friday, “The UK home department on February 21conveyed that the request of India for extradition of Mallya has been certified by their secretary of state and sent to the Westminster Magistrates’ Court for a district judge to consider the issue of releasing of warrant.”

Baglay said a note verbale, a diplomatic communication, had been handed over to the UK High Commission on February 8, pointing out that India has a “legitimate” case against Mallya while calling for “sensitivity towards our concerns.”

Extradition is often a complicated process, especially in this case since the UK has a complex legal system. First, the judge must be satisfied that the offence Mallya has been accused of committing in India would be considered a criminal offence in the UK too. It must also be determined that none of the statutory bars to extradition apply in this case.


The judge must decide if Mallya’s extradition “would be disproportionate to or incompatible with” his human rights. If the judge is satisfied, the case will go back to the home secretary for a decision. Mallya can move the high court challenging the decision or submit a representation to the home secretary. If his extradition is still ordered, he can move the high court or the Supreme Court. If he does not appeal in a higher court, he will be extradited to India within 28 days of the British home secretary’s decision.

A team of British officials met their Indian counterparts in New Delhi in mid-February and explained the complexities of the UK legal system. As many as 16 extradition requests by India are pending with the UK and it may soon make a decision on one involving fugitive Ashish Kapoor, who is accused of child kidnapping.