Hours after the high court of England and Wales dismissed his appeal against extradition to India, controversial businessman Vijay Mallya tweeted that he is “naturally disappointed”, but will continue to pursue further legal remedies.
He reiterated in a series of tweets his offer to repay what he owes Indian banks that had lent his Kingfisher Airlines loans, claiming that the banks had already recovered Rs 2,500 crore in cash.
I am naturally disappointed with the High Court decision. I will continue to pursue further legal remedies as advised by my lawyers. I am also disappointed with the media narrative which states that I must face trial in India for a fraud of Rs 9000 crores.
— Vijay Mallya (@TheVijayMallya) April 20, 2020
Justice Stephen Irwin and Justice Elisabeth Laing on Monday dismissed his appeal, upholding the Westminster Magistrates Court’s December 2018 ruling that concluded that Mallya had a prima facie case to answer in Indian courts for charges of financial offences.
Mallya tweeted: “I am naturally disappointed with the High Court decision. I will continue to pursue further legal remedies as advised by my lawyers. I am also disappointed with the media narrative which states that I must face trial in India for a fraud of Rs 9000 crores”.
“I must draw attention to paragraph 6 of the judgement which is available to the public. Please note that the allegations against me and others are specifically and only related to three tranches of borrowing from IDBI Bank for a total of Rs 900 crores in 2009”.
“This loan was subsumed along with loans from other Banks within the Master Debt Recast Agreement of 2010. Following the DRT order for the payment of approximately Rs 5000 crores by way of Principal and Rs 1200 crores by way of unapplied interest making a total of Rs 6200 crores”.
“The Banks have already recovered in cash a sum of Rs 2500 crores which is 50 percent of the Principal amount. I have repeatedly offered to pay the Banks in full but, sadly to no avail”.
According to the Crown Prosecution Service representing India in UK courts, Mallya has 14 days to apply to the Supreme Court for permission to appeal against Monday’s judgement. If he does not appeal, he will be removed to India within 28 days thereafter. If he appeals, the removal will await the outcome of that application.
Secondly, he could approach the European Court of Human Rights, since the UK remains under its jurisdiction until December 31 under the terms of the Brexit transition period. His team has previously alleged in court that he faced a risk to human rights if sent to India. The legal threshold for remedy on both options is high.
Vijay Mallya extradition case timeline
— March 2, 2016: Arrives in London from India.
— February 21, 2017: India’s extradition request certified by Home secretary.
— April 18, 2017: Arrested and bailed.
— April 24, 2017: Indian passport revoked.
— May 2, 2017: Resigns as member of Rajya Sabha.
— June 13, 2017: Series of case management and extradition hearings in the Westminster Magistrates Court.
— December 10, 2018: Chief magistrate Emma Arbuthnot clears extradition and sends file to home secretary.
— February 3, 2019: Home secretary orders extradition to India.
— April 5, 2019: Judge David of the high court of England and Wales refuses permission on papers to appeal.
— July 2, 2019: In an oral hearing, Judge Leggatt and Judge Popplewell allow permission to appeal on the ground that the Arbuthnot was wrong to conclude that India had established a prima facie case against Mallya.
— May 11-13, 2019: Judge Irwin and Judge Laing hear appeal.
— April 20, 2020: Appeal refused.
