CBI prepares to argue for Vijay Mallya’s extradition

NEW DELHI: When the hearing in the extradition case against Vijay Mallya resumes in Westminster’s magistrate court in London on Friday, India will argue that statements recorded by CBI under section 161 of Criminal Procedure Code (CrPC) against Mallya are very much admissible.
During the last hearing in January, Mallya’s lawyer Claire Montgomery had objected to the admissibility of documents/evidence, while also questioning the witness statements recorded under section 161 CrPC (before the investigators), as the same is not admissible in a court of law in India. “It’s not a trial stage. It’s an extradition hearing where statement recorded under section 161 CrPC is enough. CBI didn’t require any statement under section 164 CrPC (before a magistrate) as those are required for a trial. For an extradition hearing, a section 161 CrPC statement (before the investigator) is as good as 164,” said a government official.

Crown Prosecution Service (CPS) lawyer Mark Summers, who is representing CBI and ED in the Westminster’s Magistrate Court, is also likely to further inform the court that Mallya committed the crime under the UK Fraud Act, 2006, by exposing his “falsities and misstatements” on the basis of documentary evidence, alleging that the businessman lied to the public sector banks and provided wrong information while availing loans.

The “admissibility of evidence” will be heard by the court over the next few days after which the judgement on Vijay Mallya is likely to be reserved for June end, said government sources.

CBI is hopeful to bring Mallya back from the UK as, officers say, there is strong evidence to probe his “dual criminality” – he cheated Indian banks of crores of rupees and then laundered money to the UK.