In a blow to Vijay Mallya, ED gets court’s nod to invoke MLAT to bring him back

The order has come as a fresh blow to the beleaguered businessman as India, through the Ministry of External Affairs, has recently handed over to the UK an extradition request against Mallya, based on a CBI case in the same offence.

By: PTI | Mumbai | Published:February 17, 2017 6:12 pm
Vijay Mallya, Mallya extradition, Mallya money laundering case, Vijay mallya money laundering, Vijay Mallya Kingfisher, ED Vijay mallya, Mallya UK Beleaguered liquor baron Vijay Mallya. Express photo

A special court here has allowed the Enforcement Directorate to invoke the India-UK Mutual Legal Assistance Treaty (MLAT) to bring back embattled liquor baron Vijay Mallya to the country to face money laundering probe. The special court, which is entrusted with hearing cases under the Prevention of Money Laundering Act, had last week approved the Enforcement Directorate’s request to issue an order against Mallya under the India-UK treaty. ED officials said the court approved their request on the basis of the agency’s investigation and attachment of assets in the criminal case where Mallya and his now-defunct Kingfisher Airlines (KFA) are alleged to have defrauded IDBI Bank to the tune of about Rs 900 crore.

The ED, they said, has now sent the court-issued request to the Union Home Ministry for further execution of the order in cooperation with its counterparts in the United Kingdom. The order has come as a fresh blow to the beleaguered businessman as India, through the Ministry of External Affairs, has recently handed over to the UK an extradition request against Mallya, based on a CBI case in the same offence. The CBI too is probing this alleged loan default case under the provisions of the Prevention of Corruption Act and relevant sections of the Indian Penal Code.

ALSO READ: Kingfisher Airlines Loan: 3 including CFO and former IDBI Bank chairman denied bail; granted to six others

Besides the request under MLAT, the ED has also appended the Non-Bailable Warrant (NBW) issued by the special court last year, in the official dossier sent to the Home Ministry. The 1992 India-UK MLAT has a clause where the treaty can be invoked in a criminal probe seeking the “transfer of persons, including persons in custody, for the purpose of assisting in investigations or giving evidence” and it is understood that the ED considers this step a better legal tool than the regular extradition action to get a person under investigation by Indian probe agencies back to the country.

Recovery of dues from Kingfisher Airlines: Karnataka High Court orders winding up of UBHL Vijay Mallya

READ: India hands over Vijay Mallya extradition plea to UK

The ED has been wanting Mallya to join the probe in this case “in person” and had issued multiple summons to him but could not get success as Mallya, who is in the UK, never deposed before it. The ED has virtually exhausted all legal options to bring him back to India including the issuance of NBW against him based on which it had made the requests for revocation of his passport and subsequent deportation bid, apart from seeking an Interpol warrant against him which has remained unsuccessful till now.

The central probe agency is also working to soon file its first charge sheet in the case even as it has attached assets worth Rs 9,661 crore in this probe case. The ED had registered a criminal case in this deal last year under the provisions of the PMLA, based on a CBI FIR.

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  1. R
    Ram Babu
    Feb 17, 2017 at 1:57 pm
    How come these civil business men turn out to be such rogue criminals ?!
    Reply
    1. B
      Barefootinparadise
      Feb 17, 2017 at 3:04 pm
      Here is another literal and misinterpretation of the Varna system.
      Reply
      1. K
        Kumar
        Feb 17, 2017 at 4:22 pm
        Vijaya Mallya get loan showing as congress supporter and paid to the RSS organization, due to which he left safely or you can he has been left with the support BJP. Congress gave load RSS enjo.
        Reply
        1. S
          syed
          Feb 17, 2017 at 4:40 pm
          What ever he did but it was bjp who gave him safe page
          Reply
          1. S
            Sheik Mohamed
            Feb 17, 2017 at 3:16 pm
            All these are drama enacted by saffronized party Government lead by NAMO, in this regard, at first instance they allowed Mallya to escape through safe route
            Reply
            1. S
              Shyamal Ganguly
              Feb 17, 2017 at 2:40 pm
              According to the Communists - all businessmen are rogues. According to the Hindus - Brahmin, Kshatriya, Vaishya and Shudra castes businessmen are third caste. They are generally low people - just interested in Munafa. No idea of fine arts, education, literature music influence them - just money.
              Reply
              1. T
                Tino
                Feb 17, 2017 at 9:11 pm
                THIS NEWS ABOUT GETTING A NOD FROM THE COURT TO INVOKE MLAT IS .... FRIVILOUS.lt;br/gt;lt;br/gt;NO GOVERNMENT NEEDS A SPECIFIC PPROVAL FROM THE JUDICIAL BRANCH TO MAKE A REQUEST TO ANOTHER COUNTRY UNDER AN MLAT BETWEEN THEMlt;br/gt;lt;br/gt;ALL UNION OF INDOA NEEDS IS EVIDENCE FROM ANY COURT OF LAW IN INDIA OR INVESTIGATING AUTHORITY SEEKING THE PRESENCE OF VIJAY MALYA IN A COURT PROCEEDING OR HIS CO -OPERATION IN RESPONDING TO QUESTIONS POSED BY A INVESTIGATING AUTHORITY.lt;br/gt;IN THIS PARTICULAR CASE ARREST WARRANTS HAVE BEEN ISSUED.lt;br/gt;THEREFORE THE UNION OF INDIA SHOULD DIRECTLY INVOKE PROCESS UNDER THE INIDA -UK EXTRADITION TREATY .lt;br/gt;THERE IS NO NEED FOR GOING VIA THE MLAT IN THIS MATTER.
                Reply
                1. I
                  Indian
                  Feb 17, 2017 at 3:03 pm
                  How about getting the ROGUE CRICKET ADMINISTRATOR "MODI" too.
                  Reply
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