UK's decision to reject Mallya's appeal a significant milestone, says CBI

After UK High Court rejected an appeal by liquor tycoon Vijay Mallya to overturn a decision to extradite him to India to face charges of defrauding a consortium of Indian banks of over Rs 9,000 crore, an elated CBI on Monday said it is a significant achievement in the continuing war against economic fugitives.

"It is a significant achievement in continuing war against economic fugitives who have been managing to stay away from the judicial process in the country," CBI Spokesperson RK Gaur said, adding it also validates the painstaking and meticulous investigation done by the agency.

Meanwhile, the liquor baron expressed disappointment and said he will pursue further legal remedies as suggested by his lawyer.

"I am naturally disappointed with the High Court decision. I will continue to pursue further legal remedies as advised by my lawyers. I am also disappointed with the media narrative which states that I must face trial in India for a fraud of Rs 9000 crores," Mallya tweeted, hours after the ruling.

"The Banks have already recovered in cash a sum of Rs 2500 crores which is 50 per cent of the Principal amount. I have repeatedly offered to repay the Banks in full but, sadly to no avail," he added.

The decision - by the UK's second-highest court - effectively means that Mallya's options for fighting his extradition are nearly exhausted and he faces the prospect of being sent back to Mumbai to face a slew of charges resulting from the collapse of Kingfisher Airlines in 2012.

The ruling gives 64-year-old Mallya, who is on bail, 14-days to approach the UK Supreme Court.

If he does not use the appeal at the apex court he would be sent to India in accordance with provisions of India-UK Extradition Treaty.

But amid the coronavirus pandemic, the extradition timescake may get impacted due to the ongoing lockdown.

An extradition expert in the UK said the strict social distancing norms in place to try and curb the spread of Covid-19 may add a further dimension to the UK's Article 3 obligations under the European Convention on Human Rights, relating to inhuman and degrading treatment or punishment.

In terms of the timeframe, much now is up in the air due to coronavirus. There is a question now that the UK could be in breach of Article 3 if it were to extradite a person to a country where they could be at risk of being detained in an environment where they are at risk of contracting coronavirus, said barrister Toby Cadman, co-founder of Guernica 37 International Justice Chambers and an extradition specialist.