Vijay Mallya seeks asylum in UK on humanitarian grounds, extradition to be delayed

Vijay Mallya has reportedly applied for asylum in the United Kingdom which is likely to hinder his extradition to India.

The fugitive Indian businessman has sought asylum on humanitarian grounds, reported CNBC-TV18. The report comes close on the heels of a statement by the British High Commission that "there is a further legal issue that needs resolving before Mallya's extradition can be arranged". The High Commission had clarified that it is a confidential matter and extradition cannot take place under United Kingdom law until this legal issue is resolved.

Now, Mallya has sought asylum on humanitarian grounds, particularly under Article 3 of the European Convention of Human Rights (ECHR), the report said. Although Article 3 refers to prohibition of torture, its gamut has been expanded to include harsh medical conditions.

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Mallya and his legal team have been arguing throughout the extradition trial that his health could be in danger if he is extradited to India. This argument was, however, dismissed during the extradition trial over the past few months.

The Article 2 of ECHR could also come into play which refers to right to life. Mallya's legal team has been raising questions over the conditions of his lodging once he is brought back to India. A single cell has been prepared at Mumbai's Arthur Road jail to house Mallya once he arrives in India.

Whether Mallya will be granted asylum by the UK or not remains to be seen, but it will definitely buy him time. The UK Home Office usually takes six months to process such an application, depending on the complexity of the case. Even if his plea is turned down, he can file for an administrative review of the order, further delaying his extradition.

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There are other hurdles to his extradition too. The UK Home Office Secretary is yet to sign extradition documents and the deadline for this expires on June 11, 2020, as per the Extradition Act. There can be a delay in extradition of Mallya can be if he has pending litigations against him in the courts of the UK or in case he seeks asylum.

If all else fails, Mallya could go to European Human Rights Court. The Indian businessman has already exhausted all his legal options, after the UK Supreme Court turned down his application to appeal against an order to extradite him to India.

Mallya, wanted in India on charges of fraud and money laundering worth Rs 9,000 crore, has been based in the UK since March 2016. He has been out on bail on an extradition warrant executed three years ago by Scotland Yard on April 18, 2017.

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