New Delhi, 15.06.2017
There are news reports about delay in forwarding evidence to UK Authorities in the case of Extradition of fugitive Vijay Mallya. The facts are as follows:
At the outset, it is clarified that the hearing on 13.06.2017 was for Case Management Review. The purpose of Case Management hearing is to determine further steps to be taken up in the case and to draw a timetable for Extradition Proceedings. It is not Extradition Hearing.
The fugitive Vijay Mallya is an accused in Crime No. Case No. RC BSM 2015 E 0006. The charge sheet was filed on 24.01.2017 before the Court No. 51 Special Judge for CBI Cases, Mumbai. The Court issued a non-bailable Warrant of arrest on 31.01.2017.
As the fugitive Mallya has been in London since March 2016, the request for Extradition of Vijay Mallya was forwarded on 09.02.2017 to UK authorities through diplomatic channels. The extradition dossier contained details of evidence including the charge sheet filed u/s 173 Cr.PC. along with relied upon documents and non-bailable warrant of arrest.
The Secretary of State, UK certified the request and sent it to the Court. The Court after satisfying itself, issued an arrest warrant. On 18 April morning, Vijay Mallya was arrested in London. Following his arrest, Mr. Mallya appeared at Westminster Magistrates’ Court on April 18, 2017 and at the conclusion of his initial hearing he was granted conditional bail. The bail conditions for Vijay Mallya, are as follows below:
On 18.04.2017, the Prosecutors of Crown Prosecution Services (CPS), UK sought a meeting with officers of CBI and ED. Accordingly, a team led by Sh. Rakesh Asthana, Additional Director, CBI and consisting officers of CBI and ED visited London during 2nd and 3rd May, 2017 and provided all the additional documents sought and also answered the queries raised.
The supplementary charge sheet u/s 173(8) was forwarded to competent court in Mumbai on 02.06.2017. The same along with sworn affidavit of Superintendent of Police, SIT, CBI was forwded through diplomatic channels on 09.06.2017. All the evidence regarding falsities, misstatements and false representations of Vijay Mallya, Kingfisher Airlines Limited (KAL) and officials of KAL had already been forwarded to authorities of UK.
During the hearing on 13.06.2017, when the counsel of fugitive Mallya sought a date in March-April, 2018, Mr. Aaron Watkins of CPS opposed the same. To justify a later date, the defence counsel raised the issue of delay, which is nothing but a figment of his imagination. The Specialist Prosecutor of CPS confirmed that during the proceedings on 13.06.2017 there was no criticism of the extradition request or of the Indian Government. Senior District Judge fixed next Case Management Hearing on 6 July, 2017 when the dates for Extradition Hearing will be decided.
In some sections of media it is also reported that there was a delay of six months. It is clear from the above that the evidence accompanied the request for extradition in February 2017 itself. The additional documents were handed over on 2nd/3rd of May, 2017 to CPS. Further, the additional evidence enclosing therein supplementary charge sheet was forwarded through diplomatic channels in June, 2017 before the hearing on 13.06.2017. Hence, it is hereby categorically affirmed that there was no delay whatsoever.
It is requested that the full text of the above clarification may please be telecast in your channel at the earliest / published prominently in tomorrow’s newspaper.