Vijay Mallya loses leave to appeal in UK Supreme Court, faces extradition

The Indian government's response to the appeal application had been submitted earlier this week
In a huge legal blow to Vijay Mallya (pictured), the embattled liquor baron on Thursday lost his application seeking leave to appeal his extradition to India in the UK Supreme Court, setting a 28-day clock on his removal from the UK.

The UK top court’s decision marks a big legal setback to the 64-year-old flamboyant businessman, who last month lost his High Court appeal against an extradition order to India on charges of fraud and money laundering related to unrecovered loans to his now-defunct Kingfisher Airlines.

Mallya had 14 days to file his latest application to seek permission to move the higher court on the High Court judgment from April 20, which dismissed his appeal against a Westminster Magistrates' Court extradition order certified by the UK Home Secretary.

The latest decision, referred to as a “pronouncement”, means that under the India-UK Extradition Treaty, the UK Home Office is now expected to formally certify the court order for Mallya to be extradited to India within 28 days.

“The court has signified its intention to refuse to certify a point of law of general public importance with a view to an appeal to the Supreme Court,” notes the pronouncement by Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench at the Royal Courts of Justice in London presiding over the appeal.

It sets the 28-day “required period', as defined by Section 36 and Section 118 of the UK Extradition Act 2003, within which the extradition must be carried out.

The UK Crown Prosecution Service (CPS) said Mallya's appeal to certify a point of law was rejected on all three counts – of hearing oral submissions, grant a certificate on the questions as drafted, and grant permission to appeal to the Supreme Court. The Government of India response to the appeal application had been submitted earlier this week.

The case will now make its way back to UK Home Secretary Priti Patel to formally certify the extradition order, with Mallya’s removal expected to take place within 28 days.

Earlier on Thursday, Mallya took to Twitter to reiterate his plea for the Indian government to take the money owed to the Indian PSU banks. “Please take my money unconditionally and close,” he said.

Business Standard is now on Telegram.
For insightful reports and views on business, markets, politics and other issues, subscribe to our official Telegram channel