Setback for India as UK govt says it can't deport Vijay Mallya

Says an individual can remain in UK if an extant leave has been conferred; agrees to extradition request by India

In a major setback to India’s efforts to bring back Vijay Mallya in the country soon, the United Kingdom declined the industrialist’s deportation request. However, it has asked India to consider the extradition route. 

"The UK government has informed us that under 1971 Immigration Act, the UK does not require an individual to hold a valid passport in order to remain in the UK, if they have extant leave to remain, as long as their passport was valid, or enter UK was conferred. At the same time,UK acknowledges the seriousness of allegations and is keen to assist the Government of India," Vikas Swarup, Spokesperson for Ministry of External Affairs, said on Wednesday.

The UK is said to have informed the Indian High Commission through a note verbale turning down the country’s request. Though Mallya’s diplomatic passport has been revoked, he has been staying in on a valid UK visa, the country told the Indian authorities. 

The Centre, in April, had requested the UK to deport Mallya to India on pending money laundering and financial mismanagement cases. 

The United Kingdom has suggested extradition based on a treaty signed between the nations in 1993. It has also offered legal assistance based on a Mutual Legal Assistance Treaty (MLAT) signed in 1992, The Hindu reported.

Deportation v/s extradition?

A deportation is an executive decision, which is said to be much quicker to get an individual to the country, The Hindu’s report says. 

In case of extradition, the investigating agencies in the country have to prove a prima facie culpability in the case.  

What happens in case of Mallya?

The industrialist’s extradition will be possible when he is accused or convicted of an act which must be recognised as a criminal offence in both the nations, the report added. 

Red corner notice 

The Enforcement Directorate (ED) had earlier this week sought a red corner notice from the Interpol against the industrialist for his role in the alleged siphoning off of Rs 950-crore loan given by IDBI Bank.  The legal request was forwarded to the head office of the Central Bureau of Investigation (CBI) to get a notice issued through its Interpol wing.