Appeal against UK order may delay Vijay Mallya's extradition

Harpreet Singh Giani, who practices as a Barrister in the UK and an advocate in India, believes that Mallya could still appeal and delay extradition.

Published: 06th February 2019 08:57 AM  |   Last Updated: 06th February 2019 08:57 AM   |  A+A-

Vijay Mallya

Liquor baron Vijay Mallya (File | AP)

Express News Service

NEW DELHI: Even though the UK Home Secretary’s February 3 order clearing the extradition of Vijay Mallya has been touted as a political win by the BJP, the fugitive liquor baron is unlikely to be extradited anytime soon. Mallya has already said that he would appeal against the ruling. 

Congratulating PM Narendra Modi “for using diplomatic pressure upon the British government” to extradite Mallya, senior Supreme Court advocate Anoop Bose,  said, “Mallya will be filing an appeal against the home secretary’s order within 14 days. If the appeal fails, then within 28 days he must be extradited. The extradition agreement between UK and India was signed in 1992 but came into force in 1993. But despite several requests, this is probably the second case where somebody has been extradited. That’s why it’s an achievement for the government.” 

ALSO READ: Mallya's extradition case: Here are all the key developments so far

Bose asserts that a review of the home secretary’s order is likely to fail. “A judicial review of administrative action can only take place under extraordinary circumstances.”  

Harpreet Singh Giani, who practices as a Barrister in the UK and an advocate in India, however, believes that Mallya could still appeal and delay extradition.

“There are two orders against him: last year’s order of the magistrate, and the home secretary’s ruling. The time frame for filing an appeal against the magistrate’s order is about 28 days. We are out of time for that, unless he has already filed that appeal. If he hasn’t, he is in serious trouble,” he said .

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