New Delhi: An essential requirement of the India-UK extradition treaty is likely to cause delay in the return of Vijay Mallya to face justice in India.
The extradition case against him would have to prove that he has committed a crime in the UK as well as in India for him to be convicted and sent to India. In an answer to a parliamentary question, the government revealed this little-known aspect of the law which might make it difficult to bring Mallya back.
Minister of State for External Affairs MJ Akbar, answering on behalf of the government, said, "As per international norms, dual criminality is an essential component for extradition of a fugitive criminal. In the present case, establishment of dual criminality is a legal requirement according to India - UK Extradition Treaty."
He was answering a question about whether "the extradition of Vijay Mallya hangs upon the interpretation of the question that whether the default of payment of bank loan would tantamount to a criminal offence in the eye of British law, which is essentially regarded as a civil liability rather than a criminal offence."
The government clarification comes when a joint ED-CBI team is in London to present fresh evidence in the case against the liquor baron.
However, MJ Akbar said the government was "continuously monitoring developments in the case and taking action as desired by the UK Court in order to make extradition of Mr Mallya successful.
This may be a significant setback to the legal process against Mallya, and may require political pressure on the British government.
The extradition hearings against Mallya will begin from December 4, 2017.
Mallya, the government said, was released on bail on certain conditions like his revoked Indian Passport would be retained by the police; he would have to live at the address — Ladywalk, Queen Hoo Lane, Tewin, Hertfordshire, AL6 0LT. He should not leave the UK or apply for international travel documents. He is expected to keep his mobile phone switched on, fully charged and be on his person 24 hours a day. He had to furnish a security of £650,000 lodged with the court.
The extradition proceedings against Mallya are underway before the Westminster Magistrates Court, government said.