Extradition and Vijay Mallya- The Fugitive Economic Offender

For a very long time we all have been listening and following the news about the liquor baron Vijay Mallya and how he fled to other places in order to safeguard himself from the legal consequences awaiting in India. You will now get informed about how he will be returning back to the home country and under what provisions?

But before going further these are some key points which should be noted:

• The Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) have been pursuing the extradition of Mallya since 2016 through a legal battle in UK courts
• Mallya and his firm Kingfisher Airlines has been charged with defaulting 10,000 crores loan by the Consortium of Indian banks led by SBI.
• Mallya is being charged under cheating, criminal conspiracy, money laundering  diversion of loan funds and then fleeing from the country.
• Few of his companies including Kingfisher is facing charges of violations of the Companies Act 2013 and SEBI norms.
• Mallya is accused of offences committed between September 1, 2009, and January 24, 2017. Vijay Mallya conspired together with A Ragunathan, S Borkar, A Nadkami, A Shah, Y Agarwal, B Batra, O Bundellu, S Srinivasan, R Sridhar and others to defraud such corporations, companies, partnerships, firms and persons as might deposit funds with the IDBI Bank by dishonestly causing and permitting the bank to sanction and disburse loans to Kingfisher Airlines, said the court order.
• In addition,  Mallya defrauded, "in the order of (a) INR 1500 million on October 7, 2009, (b) INR 2000 Million on November 4, 2009, and (c) INR 7500 million on November 27, 2009, with the intention not to repay the said loans as agreed and required."
• It is also observed that Mallya further supplied false information to the bank with respect to Kingfisher's profitability.

After the Westminster District court of the United Kingdom gave its verdict against Mallya he decided to move to the High Court of Uk. The two-Judge Bench of High court dismissed the appeal this month.

Now Vijay Mallya has an option to appeal in the Supreme Court of United Kingdom within 14 days but for that, he has to take permission from the High Court to do so further the High court will only grant permission to approach if it believes a point of law of general importance has been overlooked by both the District and High Court.

In case permission is not granted He won't be able to proceed in Supreme Court of UK and the case will go to the UK Secretary of State, Home Department Priti Patel who will decide about the question of Extradition.
If she decides positively then we can hope that the fraudster Vijay Mallya will be extradited within 28 days to India. Unless it is prohibited do so in the UK there are three rules which prohibits the Extradition process which are:

1). If the person to be extradited faces a death sentence in the home country
2). If the person has already been extradited to the UK from another country. For eg; if he had been extradited from the USA or any other third country.
3). If there are no speciality arrangements which means the home country is charging the person to be extradited under different offence than stated before.
We know that in this case none of the above-mentioned prohibition will apply and hopefully can expect him to be extradited.

Now the main question comes what is Extradition?

Extradition is process through which an alleged or convicted criminal is surrendered by one state to another on the request of the latter. It also plays a significant role in the battle against cross border crimes. It emanates from the principle of territoriality which said states could not apply penal statutes to acts which were done outside its border except where the National Interest is at stake. For the solidarity of the Nations and attainment of world peace States cooperate in bringing the perpetrator to justice or lest he will go unpunished.
ICPO-Interpol- has been improving and accelerating procedures of extradition.

In India the Extradition of a runaway from India to a foreign country or vice versa is governed by the Indian Extradition Act 1962.
Section 3 of the above-said act says the Government of India to Extend the provision to the countries notified.
Information about the wanted criminal found in a foreign country is received directly or by the General Secretary of the ICPO-Interpol in the form of Red notice. thereafter,  it is circulated to all the state police authorities and immigration authorities by the Interpol wing of CBI.
Now what action can be taken by the GOI?

Action is taken under Indian Extradition Act 1962. Article 34(B) provides for the procedures for the arrest and extradition of the perpetrator through diplomatic channel. Only under the warrant issued by a magistrate having a competent jurisdiction.

Action can be taken under section 41(1)(g) of the CrPC 1973 which authorises the police to arrest the defaulter without warrant.

In case the criminal is an Indian national action can also be taken under section 188 CrPC, 1973 as if the offence has been committed at any place in India.

As per the MEA Ministry of External Affairs official website. India has Extradition treaty signed with 43 countries and Extradition Arrangements with 11 countries.
The major difference between the Extradition Treaty and Arrangement is similar to a binding written agreement and non binding verbal agreement. Countries with arrangement agree to assist mutually in legal procedures.

Extradition process is thus a powerful weapon to fight criminals and to stop them running away from conviction and punishment so that International peace can be maintained.

Source: CBI
              TOI