Report Wire

News at Another Perspective

Vijay Mallya has utilized for ‘another route’ to remain within the UK, says lawyer

3 min read

Vijay Mallya has utilized to Home Secretary Priti Patel for “another route” to have the ability to keep within the UK, the liquor tycoon’s barrister representing him in chapter proceedings within the High Court of London confirmed throughout a distant listening to on Friday.
The 65-year-old businessman, whose authorized problem to the Indian authorities’s extradition request was turned down on the Supreme Court stage within the UK final 12 months, stays in Britain on bail till Patel indicators off on the order for him to be extradited to India to face expenses of fraud and cash laundering associated to the now-defunct Kingfisher Airlines.

The UK Home Office has to this point solely confirmed on background {that a} confidential authorized course of stays ongoing earlier than the extradition order might be executed.
This had raised widespread hypothesis that Mallya had sought asylum within the UK, particulars of that are neither confirmed nor denied by the Home Office in Britain whereas an utility is pending.
“The extradition was upheld but he [Mallya] is still here because as you know there is another route for him to apply to the Secretary of State [Patel] for status”, mentioned Mallya’s barrister Philip Marshall, when particularly requested by Deputy Insolvency and Companies Court Judge Nigel Barnett in regards to the standing of the extradition proceedings.
It is probably going that the reference is to an asylum route which, in line with authorized specialists, would depend on whether or not Mallya utilized for asylum previous to the extradition request or after.
“He would need to argue much stronger grounds. There are specific rules that detail when asylum is a bar to extradition, it is clear that claiming asylum after all appeals have been exhausted is unlikely to be considered a valid claim to asylum protection”, explains Toby Cadman, co-founder of Guernica 37 International Justice Chambers and a UK-based extradition specialist.
The courtroom on Friday additionally heard how Mallya, who submitted written proof for the listening to, was in a “constrained” place as a detailed relative had handed away on account of COVID-19.
The distant listening to within the industrial division of the High Court in London was to determine whether or not the courtroom can sanction substantial sums in direction of Mallya’s residing bills and authorized charges from the sale of a French luxurious property Le Grand Jardin final 12 months.
The cash is held within the UK’s Court Funds Office (CFO) as a part of chapter proceedings introduced by a consortium of Indian banks led by the State Bank of India (SBI) in pursuit of unpaid loans.
Mallya’s authorized crew argues that he ought to be sanctioned the required funds to satisfy mounting authorized prices in India and the UK, which incorporates prices to be paid to the UK’s Crown Prosecution Service (CPS) which argued the extradition proceedings on behalf of the Indian authorities.

The attorneys for the banks have challenged this as it could dissipate the funds owed to his collectors in direction of speculative and “unreasonable” prices whereas different sources of funds stay out there to the businessman.
The listening to varieties a part of a sequence as either side make arguments for and towards a chapter order towards Mallya within the UK.