Even as a Mumbai court is expected to pass an order on Monday on the Enforcement Directorate’s plea for a non-bailable warrant (NBW) against Vijay Mallya, the businessman has not yet contacted the agency to clarify his position.
Mr. Mallya did not join investigations in the Rs.900-crore IDBI Bank loan default case despite three notices for personal appearance on March 18, April 2 and April 9. According to sources, he has not contacted the Directorate directly or indirectly, after his diplomatic passport was suspended by the Ministry of External Affairs on Friday.
Interpol noticeThe ED can request Interpol to issue a Red Notice against the businessman on the basis of the warrant, if issued by the court. This would also facilitate initiation of extradition proceedings against him. However, according to sources, extradition is a time-taking process as it involves compliance with a range of legal requirements of the foreign jurisdiction concerned, as contained in bilateral treaties.
In extradition proceedings, the accused gets an opportunity to defend himself by taking recourse to several safeguards, including the plea of malicious prosecution or political persecution.
“The Ministry of External Affairs has already suspended his diplomatic passport for four weeks and directed him to respond within a week on why his passport should not be revoked. In case he fails to reply or furnish a satisfactory explanation within the stipulated time period, the passport will get cancelled and his stay abroad will become illegal. He can then be detained by the enforcement agencies abroad and deported back immediately,” said an official.
Chhota Rajan caseA similar action was taken against underworld don Chhota Rajan, who was intercepted at Bali airport in Indonesia last October. He was travelling on a fraudulently obtained passport in another name.
The MEA revoked his passport and the CBI registered a case, on the basis of which the Indonesian authorities deported him to India within days.
However, enforcement agencies have so far failed to ensure former IPL chief Lalit Modi’s return to join investigations in alleged cheating and money laundering cases. While efforts were earlier made to get an Interpol Red Notice issued against him, it is not clear whether any agency has attempted to get him deported as the government has already invalidated his passport.
