Extradition Or Deportation? What Will India Do?

India had requested to UK for deportation of Vijay Mallya, but it was turned down.

It looks like that bringing back the king of good times Vijay Mallya will be a difficult and also a long lasting task for India. Britain, simply said no to India as they cannot deport Vijay Mallya back because of an extradition treaty. He owes Rs. 9,400 crore to the banks. They can surely consider an extradition request for him. However, as Mallya is accused of economic offence, it makes India’s case really weak in front of Britain.

India recently made a request to the UK for deportation of Vijay Mallya, which was turned down. Vijay Mallya’s Indian passport has been revoked by the Ministry of External Affairs so that he could be present for the investigations.

As UK has simply said no India, as a result of which, Enforcement Directorate is trying to take a number of measures so that UK deports him to India. They are trying to talk to them, so that he can be deported as he has valid documents with him.

A statement by Ministry of External Affairs said, “The UK government has informed that under the 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 when leave to remain or enter the UK was conferred.”

The UK has understood the seriousness of the matter and has agreed to help India in whatever way it can. According to a source, “ED will expedite, via CBI, the process to get a Red Corner notice issued by Interpol against Vijay Mallya that would necessitate his immediate arrest or detention across the world.” ED is also planning to freeze all shares of Vijay Mallya.

Though deportation would be a better option which would work in favour of India as the individual will be sent back to the country quickly, whereas in case of extradition, the investigation agencies will have to prove their stand which will take time and the whole process will get delayed. In case of Vijay Mallya, extradition will be surely possible as he has been involved in a criminal offence. It is now in the hands of the Ministry of the External Affairs, as to whether they want to request an extradition to the UK government.

Though UK has said that it will agree to India’s extradition request under MLAT (Mutual Legal Assistance Treaty) of 1992.

Vijay Mallya, an NRI, has a valid visa and can freely stay in UK. After his passport was revoked by the Indian government, he is compelled to stay in UK as he cannot move freely to any other country. Even after India makes a request to UK, Vijay Mallya can easily challenge the court and question them. And since this is an extradition, the court will examine it thoroughly.

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