British Home Secretary Sajid Javid has signed the order for fugitive businessman Vijay Mallya's extradition back to India. Javid signed the order for the extradition of the indebted liquor baron on Sunday, eight weeks after chief magistrate Emma Arbuthnot sent the case to him. A spokesperson for the Home Office said, “On February 3, the Secretary of State, havnig carefully considered all relevant matters, signed the order of Vijay Mallya's extradition to India. Vijay Mallya is accused in India of conspiracy to defraud, making false representations and money laundering offences.”
The decision came exactly two years after the Indian government first handed over the extradition request to the British high commission in New Delhi in February 2017. The trial had taken place in December 2017. Mallya now has 14 days to apply for leave to appeal in the high court. If there is no appeal, he must be extradited within 28 days of the home secretary’s order. If the high court grants permission it will go on to consider the appeal. Appeal however, is only possible with the leave of the high court. Responding to the order, Mallya has said that he would appeal. Appearing rather upbeat, the 63 year old said, “The anticipated appeal process starts 14 day from now. I can now appeal the Westminster magistrate's order. I could not do so till the home secretary made a decision. After the court decision I said I would appeal and now I can.”
Javid was in a position where he had to make the decision within two months of the day the case was sent to him, otherwise Mallya could have applied to be discharged. He also anyway had to order extradition once a case is sent to him, unless it is prohibited by statue, which could be a risk the person will face the death penalty in the requesting state, or another country is trying to extradite them or a risk they will face different charges to the ones they were extradited for.
Indian government sources welcomed the order and said they are awaiting “early completion” of the legal process involved in the process. They said, “We have taken note of the decision of the UK Home Secretary to sign on the order for Vijay Mallya's extradition to India. While we welcome the UK Government's decision in the matter, we await the early completion of the legal process for his extradition.”