- A report says the businessman has asked not to be sent back on humanitarian grounds
- The UK’s Extradition Act says a person has to be extradited within 28 days of a court order
NEW DELHI : Indian businessman Vijay Mallya’s extradition to India is likely to get delayed as he has sought asylum in the UK on humanitarian grounds, CNBC-TV18 said in a report on Tuesday.
Mallya was denied permission last month to appeal to the UK’s Supreme Court against an extradition order by the high court in London.The British High Commission however said in a statement last week that Mallya cannot be sent back to India unless a “further legal issue” is resolved. The High Commission did not clearly state what the “further legal issue” was but it was rumoured to be his application for asylum in the UK.
“Under United Kingdom law, extradition cannot take place until it is resolved. The issue is confidential and we cannot go into any detail,” the High Commission said in its statement on Thursday.
According to the UK’s Extradition Act, an individual has to be extradited within 28 days of an order by a high court or Supreme Court. However, if the individual had made an asylum claim, which refers to an appeal to stay in the UK as a refugee, the extradition cannot be done unless the claim is settled.
According to the CNBC-TV18 report, Mallya has sought asylum on humanitarian grounds, particularly under Article 3 of the European Convention of Human Rights (ECHR).
The ECHR’s Article 3 covers the prohibition of torture, the report said, adding that the meaning of torture had been expanded over time to include harsh medical conditions as well.
Mallya’s defence team had also previously raised doubts about prison conditions in India.
Whether Mallya, who owes about ₹9,000 crore to Indian banks and has been charged with criminal conspiracy and fraud, succeeds in avoiding extradition on humanitarian grounds remains to be seen but his latest move is expected to buy him time, the CNBC-TV18 reportsaid.
The UK Home Office typically takes six months to come to a decision, it said, adding that the time taken could vary depending on the complexity of the case.
The Home Office is unlikely to grant asylum to Mallya, but he could then file for an administrative review of that order, the report added.
