Close X
Saturday, September 21, 2024
ADVT 
India

'Like a dead wall': SC on confidential proceedings delaying Mallya extradition

Darpan News Desk IANS, 10 Mar, 2022 01:03 PM
  • 'Like a dead wall': SC on confidential proceedings delaying Mallya extradition

New Delhi, March 10 (IANS) The Supreme Court on Thursday reserved the order on sentence of fugitive businessman Vijay Mallya, found guilty of contempt in 2017 for disobeying the court's order for not disclosing full particulars of assets in case between the SBI and Kingfisher Airlines.

A bench headed by Justice U.U. Lalit, after hearing detailed arguments in the matter, reserved the order.

Amicus curiae, senior advocate Jaideep Gupta, submitted before the bench, also comprising Justices S. Ravindra Bhat and P.S. Narasimha, that in the present situation, the issuance of a warrant of arrest won't serve purpose as Mallya is in the UK.

The bench also considered the Ministry of Home Affairs (MHA) stand that the UK Home Office has intimated, there is a further legal issue which needs to be resolved before Mallya's extradition takes place and this issue is outside and apart from the extradition process having effect under the UK law.

The bench said: "They said there are proceedings in the UK. It's like a dead wall, something is pending we don't know, what's the number we don't know. How long can we go on so far as our jurisdictional power is concerned."

Justice Lalit said Mallya is not in anyone's custody and he is a free citizen in the UK. "The only reason perhaps, is there's a proceeding which is pending, which will decide if a person is to be extradited," he added.

On February 10, the top court gave final opportunity to Mallya, seeking his appearance, before it pronounced sentence in contempt case filed by banks, in which he was found guilty.

The top court said it has found Mallya guilty of contempt and punishment has to be imposed. It added that going by normal logic, the contemnor has to be heard, but he has not appeared before the court so far.

Justice Bhat observed that Mallya has abstained from the hearing so far, and in the next hearing, the same thing will happen, then the court would have to pronounce sentence in absentia. Justice Lalit added that Mallya was given multiple opportunities.

Justice Bhat also said this cannot become a gateway for courts of first instance to adopt this method, and it has to be specifically mentioned that circumstances in the present case were extraordinary.

Solicitor General Tushar Mehta clarified that it was not the Indian government's stand that some confidential proceedings against him are pending in the UK, rather it was the stand of the UK government which was delaying his extradition.

The bench clarified that if Mallya is not present in the hearing, then the matter will be taken to its logical conclusion.

According to a judgment delivered on July 14, 2017, Mallya was found guilty of contempt for not paying Rs 9,000 crore worth of dues to the banks despite repeated directions. Additionally, he was also accused of not disclosing his assets and also secretly trying to dispose of the assets to defeat the purpose of recovery proceedings.

On October 6, 2020, the MHA told the Supreme Court that the UK Home Office has intimated, there is a further legal issue which needs to be resolved before Mallya's extradition takes place and this issue is outside and apart from the extradition process having effect under the UK law. The affidavit had said that Mallya's surrender to India should, in principle, have been completed within 28 days otherwise.

On November 2 2020, the top court had asked the Centre to file a status report on extradition of the fugitive businessman within six weeks.

On November 30, last year, the Supreme Court said it will begin hearing on sentencing of him in contempt of court, in which he was held guilty in July 2017.

MORE India ARTICLES

Delhi Police removing barricades at Tikri, Ghazipur borders

Delhi Police removing barricades at Tikri, Ghazipur borders
In a big relief to commuters, the Delhi Police have started removing barricades along the Tikri and Ghazipur borders, 11 months after these were installed to stop the farmers from Haryana and Uttar Pradesh entering the national capital.

Delhi Police removing barricades at Tikri, Ghazipur borders

Punjab will be freed from criminals, Kejriwal assures traders

Punjab will be freed from criminals, Kejriwal assures traders
Aam Aadmi Party (AAP) national convener and Delhi Chief Minister Arvind Kejriwal lashed out at the corruption, crime and mafia rule in Punjab on Friday. He announced that if his party forms the government in 2022, Punjab will be freed from criminals, the corrupt and inspector raj.

Punjab will be freed from criminals, Kejriwal assures traders

India extends ban on int'l commercial flights till Nov 30

India extends ban on int'l commercial flights till Nov 30
To deal with the ongoing Covid pandemic, India's civil aviation regulator on Friday extended the ban on scheduled international commercial flights till November 30.

India extends ban on int'l commercial flights till Nov 30

PM Modi meets top EU leaders ahead of G20 meet

PM Modi meets top EU leaders ahead of G20 meet
Modi reached Rome on Friday morning where he will join other G20 leaders in discussions on global economic and health recovery from the pandemic, sustainable development, and climate change in the first in-person summit of the G20 since the outbreak of the pandemic in 2020.

PM Modi meets top EU leaders ahead of G20 meet

Speeding truck kills 3 women farmers at Tikri border

Speeding truck kills 3 women farmers at Tikri border
Three females farmers from Punjab died on Thursday after a speeding truck rammed into them near the protest site at Tikri border, police said. Two other women farmers were also injured in the accident which took place at around 6 a.m.

Speeding truck kills 3 women farmers at Tikri border

Not against particular festival, celebration: SC says follow cracker ban order strictly

Not against particular festival, celebration: SC says follow cracker ban order strictly
Ahead of Diwali, the Supreme Court on Thursday said the firecracker ban order needs to be strictly followed. A bench headed by Justice M.R. Shah emphasized that it is not against any particular festival, but it is also essential to protect the right to life. The bench also comprising Justice A. S. Bopanna said: "We do not want to come in the way of enjoyment, but for enjoyment one cannot play with the fundamental right of others."

Not against particular festival, celebration: SC says follow cracker ban order strictly