Vijay Mallya unlikely to extradited, as he applies for Asylum

Last updated on February 14th, 2023 at 11:12 am

If reports are to be believed fugitive businessman Vijay Mallya has sought asylum in the UK, and his extradition might be delayed.

According to a report on CNBC-TV18, the liquor baron has applied for asylum on humanitarian grounds.

Last week, there was media speculation about his deportation to India, after the businessman lost his appeal at the UK High Court against extradition.

However, the British High Commission rejected any such claims about his deportation and said there was a legal concern pending before he can be actually flown back to India.

Without sharing any details, the High Commission official said that in the UK, extradition could only occur after all issues are resolved.

According to CNBC-TV18, the former lawmaker has applied for asylum under humanitarian grounds. He has also applied for asylum under the European Convention of Human Rights (ECHR) Article 3.

Article 3 of the ECHR prohibits the torture of the imprisoned person. Reports suggest “torture” can be interpreted as severe medical conditions over time. The court in the past had interpreted that difficult medical conditions can invoke Article 3.

The former member of Rajya Sabha has built a case around his health to prevent his deportation back to India. However, in previous extradition proceedings, his concern over health conditions was dismissed.

Mallya’s defence attorneys might raise Article 2 under ECHR. The article looks into the prison condition where the fugitive will be kept.

Indian law enforcement agencies must wait to see if the latest appeal for asylum is accepted by his defence team. But it is for sure that this step will further delay his return to India.

The British Home Office usually takes about six months to arrive at a decision on such appeals. It may further be delayed depending on the nature of the merits of individual cases.

Read: Nihal Sarin, India’s teen who took on world chess champion Magnus Carlsen

Mallya faces charges of fraud and criminal conspiracy for defaulting on loans to the tune of Rs.9000 crores. If Mallya’s legal options to delay his return from the UK are exhausted in the UK, the fugitive businessman can still appeal to the European Court of Human Rights.