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Mallya case: Why deportation would’ve been easier than extradition

india Updated: May 11, 2016 12:07 IST
Rajesh Ahuja
Rajesh Ahuja
Hindustan Times
Vijay Mallya

File photo of Indian industrialist Vijay Mallya (PTI)

As UK denied deportation of Vijay Mallya, India now stares at a protracted, complex legal battle to secure the extradition of fugitive industrialist.

Deportation involves an executive decision wherein a fugitive is quickly sent back to a country where he or she is required to face the law. In matters of deportation, the vetting of evidence against the fugitive takes place at the government level.

There have been many examples in recent times where fugitives wanted by India were deported back. Gangster Chhota Rajan was deported to India after being arrested in Indonesia’s Bali. In 2014, Malaysia deported back Ramandeep Singh, who allegedly belonged to militant outfit Khalistani Tiger Force. Many Indians have also been deported back, especially by the Gulf countries on the suspicion of being involved in the activities of the Islamic State.

Read | UK will not deport Vijay Mallya, says extradition possible

But extradition is a layered judicial process where the evidence against the fugitive is produced in a court of law in the country where he or she has fled to. The fugitive also gets a chance to challenge the evidence produced against him or her.

Mixed results

India has a mixed bag of results as far securing extradition is concerned.

India could not secure the extradition of music director Nadeem Saifi from the UK but after protracted, almost five year long legal battle in Portugal, gangster Abu Salem was extradited back to India.

For considering an extradition request, both the countries need to have an extradition treaty in place.

India has a formal extradition treaty with 37 countries. It also has an extradition arrangement with more than half a dozen other countries.

India and the UK signed extradition treaty in 1993.

For securing an extradition, Indian agencies will have to file formal charges against Mallya as soon as possible as normally extradition requests are made only after filing of chargesheets. For that, now the CBI and the ED will conclude their probe against Mallya quickly to bolster the Indian extradition request.

Though India has cancelled Mallya’s passport but under the UK laws, he can stay there as long as his visa to enter it’s territory is valid. The UK had taken similar position in case of former Indian Premier League (IPL ) boss Lalit Modi and allowed him to stay there.