The UK just said it cannot deport Vijay Mallya. Here’s the process to extradite him

The United Kingdom has told India that an invalid passport is not reason enough for the country to deport anyone. This makes it difficult for banks to recover their dues of over Rs 9,000 crore and for authorities to try him.

Luckily, India and the UK have an extradition treaty signed between them.

Arun Jaitley, Finance Minister of India told the Rajya Sabha on Wednesday that this response from the UK was expected. He said, “Another alternative process is that when the charge-sheet is filed after investigation, then extradition has to be demanded."

As per the UK’s Immigration Act of 1971, an individual does not require a valid passport to remain in the country as long as their passport was valid when leave to remain or enter the UK was conferred. In other words, removal notice is usually required when a person has no leave to remain in the UK as they have overstayed a previous visa or they have entered the country illegally when they first entered.

However, the UK has acknowledged the seriousness of the allegations and has expressed its keenness to assist India in the matter and have asked the government to consider requesting mutual legal assistance or extradition.

Extradition

According to the Central Bureau of Investigation (CBI) in India, the extradition of a accused from India to a foreign country or vice-versa is governed by the provisions of Indian Extradition Act, 1962.

If an extradition treaty exists between India and the requested country, the extradition request and documents connected therewith should be prepared on the basis of provisions of Extradition Treaty.

• It should be in spiral bound and contain an index with page numbers.

• The request should be supported by a self-contained affidavit executed by the Court by whom the accused is wanted or by a Senior Officer in charge of the case (not below the rank of Superintendent of Police of the concerned investigating agency) sworn before a judicial Magistrate (of the court by which the accused is wanted for prosecution). The affidavit should contain brief facts and history of the case, referring at the appropriate places the statements of witnesses and other documentary evidences. Criminal's description establishing his identity; provision of the law invoked etc. so that a prima facie case is made out against the accused criminal.

• Paragraph 1 of the affidavit should indicate the basis/capacity in which the affidavit is executed.

• The affidavit should indicate that the offences for which the accused is charged in India.

• The affidavit should also indicate that the law in question was in force at the time of Commission of offences and it is still in force, including the penalty provisions.

• The evidence made available should be admissible under Indian laws. Accordingly, the affidavit should indicate whether the statements of witness are admissible as evidence in India in a criminal trial/prosecution. Statements of witnesses should be sworn before the Court.

• The affidavit should also indicate that if the accused were extradited to India, he would be tried in India only for those offences for which his/her extradition is sought.

• Copy of First Information Report (FIR), duly countersigned by the competent judicial authority, should be enclosed with the request.

• Comeptent authority should countersign copy of charge sheet, which is enclosed with the documents.

• A letter/order from the concerned court justifying accused person's committal for trial on the basis of evidence made available in the Charge sheet, with a direction seeking accused person's presence in court to stand trial in said court from the country of present stay.

• Warrant of arrest should be in original and open dated indicating clearly only those offences for which the accused is charged and Court has taken cognizance with relevant sections thereof.

• Nationality, identity and address of the accused including his photograph should be made available with the request.

• Copy of the relevant provisions under which the accused is charged along with the provisions of the relevant laws indicating that the maximum sentence prescribed for the offence for which the accused is charged or convicted.

• The extradition request is to be made in quadruplet (four copies). All original and copies should be attested /authenticated by the concerned court.

• All the documents should be very clear, legible and in presentable form as they are to be presented to the sovereign Governments of Foreign Countries.

• Original documents in national languages should be sent along with certified English translation of each such document from authorized translators.

• Extradition requests/documents to the country where English is not first language should be submitted along with duly translated copy in host country's local language. The Court issuing warrant should certify such translated copy.

• After completion of necessary formalities, the request for extradition should contain a letter/note from a Senior Official (not below the rank of Joint Secretary) or the concerned State Government indicating the correctness of the case/material with a request to the Central Executive to forward it to the Government of the concerned foreign country.

General VK Singh, Minister of State in the External Affairs Ministry told the Lok Sabha in a written reply on Wednesday May 11, 2016, "Section 10 of the Indian Passport Act, 1967 specifies the grounds on which the passport authority may impound or cause to be impounded or revoke a passport or travel document of a person. The Government takes all necessary steps to impound/revoke the passport of a person wanted by our law enforcement agencies, on the basis of the provisions of this Section."

The Ministry of External Affairs also takes up the matter with the concerned foreign countries when a request for deportation or extradition is received from the concerned Law Enforcement Agencies in India, he concluded.