India / Mallya seeks permission to move UK Supreme Court against extradition to India

The Hindu : May 05, 2020, 10:51 AM
London: Businessman Vijay Mallya has sought permission from the U.K. High Court to move the Supreme Court against the last month order dismissing his appeal challenging the lower court’s clearance to his extradition to India in the IDBI Bank fraud case.

On April 20, a Division Bench of the High Court of Justice in the U.K. had turned down the businessman’s appeal, concluding that there was a prima facie case of conspiracy to defraud, misrepresentation, conspiracy and money laundering against him.

“After the appeal was rejected, Mr. Mallya had 14 days to file an application in the High Court for an approval to appeal in the Supreme Court. He has submitted the application, which is likely to be taken up soon. We are hopeful that the plea will be dismissed, given the strong observations in the April 20 judgment,” said a senior Enforcement Directorate official.

If Mr. Mallya fails to get the permission and the final authority in the U.K. government clears the request for his extradition, investigating agencies will have 28 days to bring him to India.

In its 43-page judgment, the High Court did not find any merit in the objections raised by Mr. Mallya to the Senior District Judge’s order on December 10, 2018, approving India’s extradition request that was made on February 9, 2017.

In the IDBI case, it is alleged that Mr. Mallya and others cheated the bank “by dishonestly causing and permitting the bank to sanction and disburse loans” to an ailing Kingfisher Airlines in the order of (a) ₹1,500 million on October 7, 2009, (b) ₹2,000 million on November 4, 2009, and (c) ₹7,500 million on November 27, 2009, with the intention not to repay them.

The businessman faces allegations of wilful loan defaults to the tune of ₹9,000 crore. He had flown out of India on March 2, 2016.

Based on a request from the Enforcement Directorate, a Mumbai court has declared him a fugitive under the Fugitive Economic Offenders Act.

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