BIG VICTORY FOR CBI AND BIG JOLT FOR MR. VIJAY MALLYA ;
UK HIGH COURT REJECTS THE FUGITIVE’S PLEA FOR PERMISSION TO APPEAL EXTRADITION MATTER IN UK SUPREME COURT
In a major development today i.e.14th May 2020, the High Court of Justice, London, UK has rejected the application dated 29.04.2020 of Mr. Vijay Mallya seeking permission to appeal to the UK Supreme Court against its order dated 20.04.2020.
Vide order dated 20.04.2020, a Division Bench of UK High Court had dismissed Mr. Mallya’s appeal against the lower court order recommending his Extradition to face trial in India .
The decision of the UK High Court to order extradition of Mr. Mallya is a Milestone in CBI’s quest for excellence and a reminder that economic offenders, facing probes in large value frauds, cannot consider themselves as above the process merely because they have changed jurisdictions. The judgement also vindicates the painstaking investigation by CBI, especially since Mr. Mallya had raised various issues with regard to the admissibility of evidence, the fairness of investigation itself and extraneous consideration, with a view to divert attention from his own acts.
The extradition of Mr. Vijay Mallya was sought to face trial in RC BSM 2015 E0006 for offences of cheating, criminal conspiracy and abuse of official position by public servants, wherein Mr. Mallya faced allegations of conspiring with public servants and dishonestly defrauding the IDBI bank to the extent of Rs. 900 Crores.
On conclusion of investigation, a charge sheet against Mr. Mallya and others was filed on 24.01.2017, which was followed by a request for extradition of Mr. Mallya on 31.01.2017. Based on the request, Mr. Vijay Mallya was arrested by UK authorities on 20.04.2017.
In a complex legal battle, stretching from April’ 2017 to May’ 2020, the CBI contested the extradition case in Westminster Magistrate’s Court and the UK High Court of Justice to satisfy the courts on various aspects of extradition and to establish the existence of a prima facia case against Mr. Mallya as well as to convince the courts about compliance of ECHR norms with regard to prison conditions and Human Rights. It may be mentioned that vide order dated 10.12.2018, the Senior District Judge ruled in favour of Govt. of India and recommended extradition of Mr. Mallya to the Secretary of State. The appeal filed by Mr. Mallya was thereafter dismissed by the UK High Court on 05.04.2019 on all 5 grounds. The application of Mr. Mallya for renewal of the said appeal was permitted only on one ground i.e. ‘prima facie case’ and the other 4 grounds were rejected, vide order dated 02.07.2019. The ground of prima facie case was heard by a Division Bench of UK High Court in February’2020 and was decided in favour of Govt. of India vide order dated 20.04.2020.
CBI appreciates the painstaking investigation, the hard work and the meticulous efforts of Investigating Officer Shri Suman Kumar, Addl. SP,CBI in successfully pursuing investigation and extradition proceedings against the fugitive.
CBI also gracefully acknowledges the painstaking and continuous efforts made by the counsels of Crown Prosecution service in forcefully presenting the GoI Case and also the efforts of various Govt. agencies, especially the officers of High Commission of India, London, Ministry of Home Affairs and Prisons Department, Govt. of Maharashtra in coordinating the extradition trial, timely submission of evidences and assurances and prompt follow up of the case at all stages.
Source- CBI Press Release, New Delhi, Dated: 14.05.2020 at following link- http://cbi.gov.in/pressreleases/pr_2020-05-14-1.php