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ED to begin extradition process against Vijay Mallya with 2000 page chargesheet

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Last year, the UK government had rejected the request made by the Indian government citing its legal complications.

The Enforcement Directorate (ED) is planning its second attempt to extradite liquor baron Vijay Mallya in the Rs 900 crore Kingfisher IDBI loan case under the Prevention of Money Laundering Act (PMLA). But this time, the agency would have 2000 pages chargesheet in hand to support its request to the United Kingdom (UK).

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Last year, the UK government had rejected the request made by the Indian government citing its legal complications. Thus, the ED had no other option but to make a fresh request under the India-UK Mutual Legal Assistance Treaty (MLAT), in connection with its money laundering probe against Mallya.

In extradition, an agency has to file a chargesheet first and then notify the counterpart country to send back the fugitive, which is a time taking affair.

Developments so far:

  1. The Central Bureau of Investigation (CBI) has filed a 2000 page chargesheet against the 11 accused, including Vijay Mallya, making it a more stronger case against him.
  2. Officials said the agency is expected to place the extradition request before the special PMLA court in Mumbai on the basis of chargesheet in hand.
  3. Once the special PMLA court issues an order, it would be placed before the Ministry of External Affairs (MEA) for completing further bilateral procedures.
  4. “We are awaiting the copy of chargesheet in hand. Once we examine the chargesheet, the legal process of extradition will begin against Mallya. The entire process would take a month or two,” said the source.
  5. The agency, which wants Mallya to join the probe in the loan fraud probe case “in person”, has virtually exhausted all legal options to bring him back to India, including issuance of the NBW warrant against him.
  6. Based on this NBW, the requests for revocation of his passport and subsequent deportation bid were made, last year. However, the UK had cleared that the liquor baron cannot be deported and had suggested India to seek his extradition instead.
  7. Earlier, the ED had asked the Interpol to issue a Red Corner Notice (RCN) against him under the criminal sections of the PMLA. Off late, the agency had also issued Letters Rogatory (judicial requests) to at least seven countries seeking details of  Mallya’s finances, bank accounts and properties/assets.
  8. The ED is investigating financial structure of Kingfisher Airlines and looking into any payment of kickbacks to secure the loans.