India vs Vijay Mallya: CBI brings down fugitive and former liquor baron, extradition likely in 28 days

The court decision cautions economic offenders, facing probes in large value frauds, that they cannot consider themselves as above the process merely because they have changed jurisdictions.

In a major development on Thursday (May 14), the High Court of Justice, London, UK rejected the application of Indian fugitive and former liquor baron Vijay Mallya against his extradition to face trial in India.

The decision of the court to order the extradition of Mallya is a milestone judgement. It cautions economic offenders, facing probes in large value frauds, that they cannot consider themselves as above the process merely because they have changed jurisdictions.

The judgement also vindicates the painstaking investigation by CBI, especially since Mallya had raised various issues with regard to the admissibility of evidence, the fairness of investigation itself and extraneous consideration, with a view to divert attention from his own acts.

CBI appreciates the painstaking investigation, the hard work and the meticulous efforts of investigating officer Additional SP Suman Kumar in successfully pursuing investigation and extradition proceedings against the fugitive. 

The extradition of Vijay Mallya was sought to face trial in offences of cheating, criminal conspiracy and abuse of official position by public servants, wherein Mallya faced allegations of conspiring with public servants and dishonestly defrauding the IDBI bank to the extent of Rs 900 crores.

On conclusion of the investigation, a charge sheet against Mallya and others was filed on January 24, 2017, which was followed by a request for extradition of Mallya on January 31, 2017. Based on the request, Mallya was arrested by the UK authorities on April 20, 2017. 

In a complex legal battle, stretching from April 2017 to May 2020, the CBI contested the extradition case in Westminster Magistrate’s Court and the UK High Court of Justice to satisfy the courts on various aspects of extradition and to establish the existence of a prima facia case against Mallya as well as to convince the courts about the compliance of ECHR norms with regard to prison conditions and Human Rights.

It may be mentioned that the senior district judge ruled in favour of the Indian government and recommended extradition of Mallya to the Secretary of State. The appeal filed by Mallya was thereafter dismissed by the UK High Court on April 5, 2019, on all five grounds.

The application of Mallya for renewal of the said appeal was permitted only on one ground i.e. ‘prima facie case’ and the other four grounds were rejected, vide order dated July 2, 2019. The ground of prima facie case was heard by a division bench of UK High Court in February 2020 and was decided in favour of India.