Vijay Mallya arrest: Only 1 Indian extradited from UK since treaty signed in 1992
India has made several extradition requests since a treaty with the United Kingdom was signed in 1992, but only one has succeeded so far though there are indications that pending cases may be expedited.
Key Indians wanted but based in the UK include Lalit Modi, Tiger Hanif, Nadeem Saifi, Ravi Sankaran and Vijay Mallya. The only person extradited so far was Samirbhai Vinubhai Patel in October 2016. He was wanted in a case related to the 2002 Gujarat riots.
Besides Patel, sources told Hindustan Times, the extradition of another Indian wanted in a fraud case is likely soon. His case is said to be in the final stages of the UK extradition process.
Officials from the UK Home Office and Indian ministries of home and external affairs discussed the issue of pending deportation and extradition cases at a meeting in New Delhi in February. Lists were exchanged, including names of 17 people whose custody the UK wants under the Mutual Legal Assistance Treaty or against whom letters rogatory were issued.
Cases in which India has not been successful include those of Ravi Sankaran (accused in the Indian Navy war room leak case), Tiger Hanif (wanted in connection with two bomb attacks in Gujarat in 1993), music director Nadeem Saifi (accused and acquitted in the Gulshan Kumar murder case), and some individuals related to the Khalistan movement.
In April 2013, Tiger Hanif exhausted all options in British courts to avoid extradition. He made a final appeal to the home secretary, who needs to approve his extradition but has not acted on it so far.
Individuals facing extradition also have the final option of approaching the European Court of Human Rights, at least until the UK completes its exit from the European Union.
British courts usually refuse extradition requests based on political reasons or from countries where a person is likely to face torture or the death penalty. Several cases have been refused on the ground that extradition would deny the person the right to family life (Article 8 of the European Convention of Human Rights).
India has been seeking the extradition of British national Raymond Varley, accused in child abuse cases in Goa.