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Vijay Mallya (File Photo: AFP)
London: Runaway Tycoon Vijay MallyaHer extradition has been delayed and it may be months before she is brought back to India. It is understood that the UK Home Office has delayed his extradition for legal reasons.
There is speculation that he may have applied for asylum in Britain, or that the civil cases he is fighting in Britain are preventing the home office from approving his return.
Mallya cannot be extradited to India until Home Secretary Priti Patel signs it, and he has not done so despite losing all his cases against extradition in UK courts on 14 May.
An official of the Indian High Commission told TOI, “The 28 days in which his extradition did not begin from May 14, 2020 have not started.” There has definitely been some delay. All of this is in the hands of the UK. Government. ”
The official said he did not know whether Mallya had made any asylum application and the Indian High Commission in London was pressing the home office “every day” for an update.
Other Indian sources said: “There are certain issues that still need to be resolved. This could be other cases pending against him in the UK courts. This could be an asylum application. The Indian cabinet is completely deadlocked by China And is occupied with Kovid. 19 So he did not mind delaying a few months. ”
The Home Office did not respond to TOI questions.
Chur has been living in the UK on alcoholism since he fled India on 2 March 2016. He has an indefinite leave to remain in Britain since 1992. This would not prevent her from claiming asylum because she is not a British citizen, said Karishma Vora, a barrister at 4-5 Gray’s Inn Square, London, who has experience representing the home office in asylum claims.
“I doubt very much that he will apply for asylum for the first time at this stage because if you apply after being dismissed in an extradition case, asylum is unlikely. I hope that if he has applied , He would have done it earlier. Now he would have been subjected to two asylum interviews and then it would be considered on paper by the home office. ”
If they reject it, he can appeal to the First-Tier Tribunal (Immigration and Asylum Chamber), and if he fails he can appeal to the Upper Tribunal.
Vora said, “If he fails, he can judicially review the case in the High Court.” He said that the whole process would take at least a few years.
The European Human Rights Court on Wednesday confirmed to TOI that it had not received an application from Mallya for a Rule 39 injunction preventing India from being removed.
Mallya has at least two battles in the British civil courts. A consortium of Indian banks, led by the State Bank of India (SBI), is trying to enforce the Rs 1.14 billion (Rs 10,623 crore) loan judgment against them.
As part of this action, banks, through their law firm TLT LLP in London, are engaged in a bankruptcy petition on the basis of a judgment loan of £ 1.05 billion (Rs 9,741 crore), in which the interest already recovered by the banks is taken into consideration Includes keeping. The next hearing for this is scheduled for July 7, 2020.
Spirits producer Diageo is also facing a case in the London High Court. It is trying to withdraw the $ 40 million (Rs 303 crore) paid to Mallya in 2016 as part of a settlement of $ 75 million (Rs 568 crore) for his departure from United Spirits (USL). In. Mallya has $ 21 million in retaliation against Diageo for the outstanding payment of that $ 75 million. The hearing on these cases is scheduled to be held in commercial court in October 2021.
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