Mallya extradition: crucial hearing in U.K. court today

The beleaguered businessman stands accused of defrauding a consortium of public sector banks and money laundering.

July 31, 2018 03:02 am | Updated December 01, 2021 06:18 am IST - London

Vijay Mallya arrives at Westminster Magistrates Court in London. File

Vijay Mallya arrives at Westminster Magistrates Court in London. File

The Indian government’s efforts to extradite beleaguered businesssman Vijay Mallya enters a crucial phase on Tuesday, as the two sides present final submissions in the long-running extradition case. The case was initially set to continue in mid-July but was further delayed, after a hearing in late April. A ruling is expected later this year, though this will be appealable. The hearing is set to kick off at 2.30 pm IST.

The hearing will see both sides make oral closing submissions. Judge Emma Arbuthnot, Chief Magistrate at Westminster Magistrates Court, had initially indicated her preference for written submissions but the defence had expressed its eagerness for an oral hearing, pointing to the significant public interest in the case.

The extradition hearing kicked off last December, and has focussed largely on a series of loans from IDBI Bank to Kingfisher Airlines – from the way in which these were obtained to how – in the words of the prosecution – Mr. Mallya allegedly sought to “squirrel away” the money. Mr. Mallya stands accused of de-frauding the consortium of public sector banks and money laundering, though during the hearings the prosecution focussed mostly on the issue of fraud.

 

Defence barrister Clare Montgomery challenged the prosecution’s contention that there was a prima facie case against Mr. Mallya, suggesting that it was a case of business failure rather than fraud. She also sought to portray the case against him as politically motivated – with a heated exchange at one point over the neutrality of the CBI and the decision-making processes of the Supreme Court. A defence witness also raised concerns over the conditions likely to be faced in India by Mr. Mallya in the Arthur Road Jail in Mumbai, despite government assurances guaranteeing specific conditions at Barrack 12 of the prison.

Boost to prosecution

However, in what was seen as a positive for the Indian government, in the most recent hearing in April, the judge ruled that most of the evidence produced by the prosecution to date would be admissible, save for an email conversation covered by legal professional privilege. She also described as “very helpful” a detailed note on the conspiracy charges facing Mr. Mallya should he be extradited to India, as well as a schedule of notional charges.

In late June, Mr. Mallya broke his lengthy silence on the case to publicly slam the “politically motivated” case and “blatantly false” allegations made against him, pointing to his attempt, via the Karnataka High Court to sell 13,900 crore of assets to repay creditors. Mr. Mallya also made public letters he had written to Prime Minister Narendra Modi and Union Finance Minister Arun Jaitley in April 2016, expressing his pain at becoming the “poster boy for all bank defaults, accused of looting public money and fleeing the nation.”

Last week, Mr. Mallya’s attempt to lodge an appeal in the Court of Appeal against a commercial court judge’s ruling in the lawsuit brought by the consortium of banks was unsuccessful. Mr. Mallya had challenged the registration of the Karnataka Debt Recovery Tribunal’s (DRT) 2017 order against him in the U.K., and the implementation of a World Wide Freezing order that prevented him from removing or diminishing his assets in England and Wales. A separate order gave the High Court enforcement officer the authority to enter his country residence to search or takeover goods belonging to him.

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