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A file photo of Vijay Mallya. (Photo: Reuters)
A file photo of Vijay Mallya. (Photo: Reuters)

Further legal issue needs to be resolved in Vijay Mallya extradition

  • Mallya was denied permission last month to appeal to the UK’s Supreme Court against an extradition order by the High Court in London
  • According to news reports, Mallya could appeal for asylum in the UK given he has run out of all legal options in the country

NEW DELHI: Indian business tycoon, Vijay Mallya, who was denied permission last month to appeal to the UK’s Supreme Court against an extradition order by the High Court in London, cannot be sent back unless a "further legal issue" is resolved, the British High Commission said in a statement on Thursday.

The statement added that the issue “is confidential." Earlier, news reports had said Mallya could appeal for asylum in the UK given he has run out of all legal options in the country.

"Vijay Mallya last month lost his appeal against extradition and was refused permission to appeal to the United Kingdom's Supreme Court. However, there is a further legal issue that needs to be resolved before Mr Mallya's extradition can be arranged," the statement said.

"Under the UK law, extradition cannot take place until it is resolved. The issue is confidential and we cannot go into details. We cannot estimate how long this issue will take to resolve. We are seeking to deal with this as quickly as possible," it added.

Mallya was denied permission to appeal to the UK Supreme Court against a High Court order that upheld a 2018 ruling to extradite him to India to face fraud charges resulting from the collapse of his defunct company Kingfisher Airlines.

According to the UK's Extradition Act, an individual has to be extradited within 28 days of an order by a high court or Supreme Court. However, if the individual had made an asylum claim, which refers to an appeal to stay in the UK as a refugee, the extradition cannot be done unless the claim is settled.

The Indian authorities want Mallya extradited to face charges of fraud. Mallya is accused of borrowing over 9,000 crore in loans from banks that authorities say he had no intention of repaying. Mallya, on his part, denies the charges against him.

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