Mallya to return to UK court for extradition hearing tomorrow

Press Trust of India  |  London 

Embattled liquor tycoon will return to in tomorrow for closing arguments in his trial and for the to set a timeline for a ruling in the high-profile case.

The (Emma Arbuthnot) will hear final submissions. Judgment will be reserved until a future date (to be arranged), said a for (CPS), which is representing the Indian authorities in the case.

At the last hearing in the case on April 27, the (CBI) had received a boost in the case as Arbuthnot confirmed that the bulk of the evidence submitted by the Indian authorities will be admissible in the case.

The CBI had submitted a detailed set of documents to the UK court, which includes its case of conspiracy against former Deputy BK Batra, who was referred to in court as a new villain of sorts in the case.

As per the Indian authorities' case of conspiracy, Batra reportedly colluded with Mallya in sanctioning some of the loans to the now-defunct without following due diligence procedures.

Mallya's defence team, headed by barrister Clare Montgomery, has disputed the fraud allegations and also submitted further written material from UK-based prisons expert Dr Alan Mitchell, challenging some of the photographs of Barrack 12 of on Arthur Road, where Mallya is to be held if he is extradited from the UK.

"The photographs are not a true, fair and accurate picture," Montgomery said.

The CPS team, led by barrister Mark Summers, dismissed the additional material as an "attempt to criticise" the information provided by the Indian authorities and reiterated that all concerns regarding natural light and medical provisions at Barrack 12 had been addressed by the Indian authorities.

The extradition trial, which opened at the court on December 4 last year, is aimed at laying out a prima facie case of fraud against Mallya, who has been based in the UK since he left in March 2016. It also seeks to prove there are no "bars to extradition" and that the tycoon is assured a fair trial in over his now-defunct Kingfisher Airlines' alleged default of over Rs 9,000 crores in loans from a consortium of Indian banks.

The CPS has argued that the evidence they have presented establishes "dishonesty" on the part of the and that there are no bars to him being extradited from the UK to face Indian courts.

Mallya's defence team has deposed a series of expert witnesses to claim he had no "fraudulent" intentions and that he is unlikely to get a fair trial in India.

Last month, after a prolonged period of silence, Mallya had issued a lengthy media statement, labelling the CBI and (ED) charges against him as untenable and blatantly false.

"I have become the 'Poster Boy' of and a lightning rod of public anger, Mallya said.

He also took to to clarify that he made the statement "after a long period of silence" because he had filed an application before the High Court on June 22, setting out available assets of approximately Rs 13,900 crores.

He has since lost his appeal in the against a High Court order in favour of 13 Indian banks to recover funds amounting to nearly 1.145 billion pounds.

The High Court order in favour of the (SBI) led consortium had reinforced a worldwide freezing order against Mallya's assets.

It was followed by a related enforcement order last month granting permission to the UK High Court to enter Mallya's properties in Hertfordshire, near London, where he is based.

Mallya has since said that he has handed over a full statement of his UK assets to the court and there was no question of use of force to enter his home, Ladywalk, in the village of in England.

In the separate extradition proceedings, if the judge rules in favour of the Indian government, the UK will have two months to sign Mallya's extradition order. However, both sides will have the chance to appeal in higher courts in the UK against the verdict.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, July 30 2018. 21:00 IST