The Enforcement Directorate (ED) has not yet received any official communication from the United Kingdom authorities on reasons for the delay in giving final clearance to the extradition of businessman Vijay Mallya.
Over two months ago, the U.K. High Court of Justice turned down his application seeking permission to move the Supreme Court against the dismissal of his appeal countering the lower court’s approval to his extradition to India. The issue had to be finally decided by the U.K. Home Office.
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“We are not aware of any decision taken by the U.K. authorities in the matter so far. They have not even informed us about any pending legal issue involved in the process,” said a senior ED official.
In June, a British High Commission spokesperson said Mr. Mallya could not be extradited at that stage as the U.K. needed to resolve a “confidential” legal issue.
Asylum plea reports
Shortly thereafter, there were reports that he had applied for asylum in the U.K. under Article 3 of the European Convention on Human Rights, which pertains to protection against torture or to inhuman or degrading treatment or punishment.
On April 20, a division bench of the U.K. High Court dismissed Mr. Mallya’s appeal against the Senior District Judge’s judgment on December 10, 2018, allowing his extradition. It held that a prima facie case was made out against him on accounts of fraud, misrepresentation to the bank in securing credit facilities, conspiracy and money laundering.
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The CBI and the ED have sought the extradition in connection with the IDBI Bank fraud case. As alleged, between September 1, 2009, and January 24, 2017, Mr. Mallya conspired with the others to commit cheating. They fraudulently got loans sanctioned for the now-defunct Kingfisher Airlines.
Mr. Mallya was also allegedly involved in false representation to the bank on the company’s financial condition and the value and/or availability of securities to be relied upon for sanctioning credit facilities. The funds so raised were diverted and laundered.
Wilful loan defaults
Mr. Mallya and others stand accused of wilful loan defaults to the tune of ₹9,000 crore. He had flown out of India on March 2, 2016. After the CBI charge-sheeted him in the IDBI case, the Indian government made an extradition request on February 9, 2017.
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Subsequently, he was arrested by the U.K, Police and released on conditional on April 18, 2017. Based on the ED’s request in the money laundering case, he was again arrested on October 3, 2017, and then bailed.
