In a temporary setback to India, the United Kingdom has refused to deport businessman Vijay Mallya, citing its Immigration Act as a barrier. london, however, has agreed to assist India in case it seeks legal assistance on Mallya in the form of extradition.
Mallya’s passport was revoked by the Ministry of External Affairs (MEA) in order to secure his presence for investigations against him by the Enforcement Directorate under the Prevention of Money laundering Act 2002. There is also a Non-Bailable Warrant (NBW) out against the liquor baron.
The UK Government’s response came nearly a fortnight after India made a request for Mallya’s deportation. However, the British Government said it acknowledges “the seriousness of allegations” against Mallya and was “keen to assist” the Indian Government. Mallya had a diplomatic passport by virtue of being a Rajya Sabha member.
He resigned from the Upper House this month.
“The UK Government has informed us 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. At the same time the UK acknowledges the seriousness of the allegations and is keen to assist the Government of India. They have asked Government of India to consider requesting mutual legal assistance or extradition,” MEA spokesperson Vikas Swarup said on Wednesday.
The extradition can happen under the 1993 treaty or any other necessary assistance under the Mutual legal Assistance Treaty (MlAT) signed in 1992 between India and the UK. This process is little lengthy compared to deportation. Interestingly, India has not got very favourable response from the UK on the extradition requests made in the past. India has made 15 extradition requests to the UK and none has materialised into action so far.
Meanwhile, Finance Minister Arun Jaitley said in the Rajya Sabha, India will now have to initiate extradition process after a chargesheet is filed to bring back Mallya to face money laundering charges as well as recovery of the Rs 9,400 crore of loans to his defunct Kingfisher Airlines.
Cancellation of passport “does not result in automatic deportation, that is the stand taken by the UK,” Jaitley said. He added public sector banks are making all efforts to recover the loans and investigating agencies are inquiring into violations of law.
However, during a meeting held on February 15 between MoS Home and Minister of State for Migration, UK, India has raised the issue of pending extradition requests to which the UK Minister clarified that these matters are sub-judice in the British courts. But he had assured cooperation to India on the pending issues on case-to-case basis.