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Mallya’s extradition to India
Why is it in news?
- British Home Secretary Sajid Javid has signed the order for the extradition of liquor baron Vijay Mallya to India.
- The businessman whose legal team had previously indicated their intention to appeal the extradition will now have two weeks to lodge an appeal.
More in news
- Accusations on Mallya: Vijay Mallya is accused in India of conspiracy to defraud, making false representations and money laundering offenses.
- Britain’s extradition rules:(1) Under Britain’s extradition rules, Mr. Javid had two months from the date of the judgement to determine whether to order the extradition.(2) In making extradition decisions, the Minister has to consider issues including whether the death penalty would be involved or the person be extradited to a third country (neither of which apply in this case).
All about Extradition
- What is Extradition?(1) Extradition is the surrender by one State to another of a person desired to be dealt with for crimes for which he has been accused or convicted and which are justifiable in the courts of the other States.(2) A Request for Extradition can be initiated against a fugitive criminal, who is formally accused of, charged with, or convicted of an extradition offence.
- Fugitive Criminal: A person who is accused or convicted of an extradition offence within the jurisdiction of a foreign State and includes a person who, while in India, conspires, attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State.
- Legislative Basis for Extradition in India: The Extradition Act 1962 provides India’s legislative basis for extradition.
- Designated Central Authority in India for Extradition Matters: The Ministry of External Affairs (MEA) is the Central Authority for all incoming and outgoing requests for Extradition. CPV Division handles extradition matters in the Ministry of External Affairs.
- Bilateral Extradition Treaties: India has entered into bilateral Extradition Treaties with 42 countries to bring speed and efficiency to the process of extradition.
- Regional extradition treaties: India is a party to regional extradition treaties such as the London Scheme (Commonwealth Scheme for the Rendition of Fugitive Offenders 1966).
- UN Conventions:(1) Indian Government ratified two UN Conventions - the United Nations Convention against Corruption (UNCAC) and the United Nations Convention against Transnational Organised Crime (UNCTOC) and its three protocols.(2) Article 16 of UNCTOC can be used as a basis for extradition of fugitive criminals accused/convicted of offences that are classified as Organized Crimes.
Source
The Hindu, MEA