India fails to get Mallya deported

Britain has told India that it cannot deport Vijay Mallya, who is facing money laundering charges in the country, but could consider an extradition request for him.

• Britain has clarified that deportation can’t be allowed if someone entered UK through valid passport and then its cancelled.

Background:

India made a request for the deportation of Mallya, whose Indian passport was revoked in a bid to secure his presence for investigations against him under the Prevention of Money Laundering Act 2002.

• The UK Government has informed that under the 1971 Immigration Act, the UK does not require an individual to hold a valid passport in order to remain in the UK if they have extant leave to remain as long as their passport was valid when leave to remain or enter the UK was conferred.

What can be done?

Considering the seriousness of allegations, the UK has asked the government to consider requesting mutual legal assistance or extradition.

Difference between deportation and extradition:

• As deportation is an executive action, it is considered to be a quicker process than extradition, in which investigating agencies have to establish prima facie culpability of the person. Besides, the accused has recourse to several defences under the extradition treaty.
• Also, the extradition of Mr. Mallya from the U.K. will be possible only when he is accused, or convicted, of an act recognised as criminal offence in both the countries. The extradition treaty empowers the U.K. authorities to make provisional arrests in urgent cases.

The 1992 MLAT has been signed for extending assistance in the investigation and prosecution of crime and the tracing, restraint and confiscation of proceeds and instruments of crime (including crimes involving currency transfers) and terrorists.