Indian businessman and former member of Parliament Vijay Vittal Mallya’s extradition to India is likely to get delayed as he seeks asylum in the UK on humanitarian grounds particularly under Article 3 of the European Convention of Human Rights (ECHR), which states, “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Earlier, the spokesperson of British High Commission in India has said that Mallya couldn’t be extradited to India unless a “legal issue” is resolved. Further, the High Commission proclaimed that the details are enclosed on the confidential issues and the extradition cannot take place until the same is solved.
The UK’s Extradition Act says a person had to be extradited within 28 days of a court order. However, if the individual had made an asylum claim, which refers to an appeal to stay in the UK as a refugee, the extradition cannot be done unless the claim is settled.
The UK Home Office typically takes six months to come to a decision, it could vary depending on the complexity of the case. The Home Office is unlikely to grant asylum to Mallya, but he could then file for an administrative review of that order.
The Government of UK is looking to speed up its processes, but Mallya doesn’t look likely to return to India any time soon.
Inputs from Vuha Kunapareddy