‘Could take months’: London law firm on what next in Vijay Mallya extradition
Vijay Mallya can appeal the Westminister magistrates court verdict, and if this goes against him, move the UK Supreme Court and the whole process could take months, if not more, according to London-based law firm Zaiwalla and Co founder Sarosh Zaiwalla
The Westminster magistrates court on Monday allowed the extradition of businessman Vijay Mallya to India to face charges of financial irregularities running into thousands of crores but the process could take months, if not more, according to a leading London-based law firm.
Sarosh Zaiwalla, founder of law firm Zaiwalla & Co. said: “Mallya is not likely to be extradited to India for months. Following the extradition judgment today, Mr Mallya now has 14 days to appeal, during which period he wouldn’t be arrested, but would remain on bail”.
Westminster Magistrates’ Court Chief Magistrate Emma Arbuthnot ruled that there was no evidence which allowed her to find that if extradited, Mallya was “at real risk of suffering a flagrant denial of justice” or that “the prosecution is politically motivated”.
“Having considered evidence as a whole. There is a case to answer,” she said as she ruled that the liquor baron could be extradited to India to stand trial on the charges brought by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).
“Should he choose to appeal to the Court of Appeal (which he has the automatic right to do) — it could take months for the case to be heard as it gets very clogged up. This process could take up to five or six months. Should this also go against him, he could apply for the right to appeal to the Supreme Court, which would involve at least another six weeks and if he won the right to do so, that could take more months, even up to a year,” Zaiwalla added.
Zaiwalla said that the Crown Prosecution Service could apply for an expedited appeal process “but it is not common for this to be granted”. “You would have to show the need of urgency. It is not uncommon for a court of appeal to overturn the verdict of a lower court.”
“If Mallya doesn’t decide to appeal, in that case, the CPS would send the magistrate’s decision to the Home Secretary who has 28 days — from the day of the judgment — to decide whether to send him back or not. Ultimately it is with the minister, however the minister would not be able to overturn the extradition judgement.”
