**New Delhi:** The CBI on Tuesday released a detailed report on the extradition trial of alleged economic offender Vijay Mallya. The CBI has booked Mallya under Section 120B and 409 of the IPC and Sectio 12 of the Prevention of Corruption Act.
The CBI has charged Kingfisher Airlines Limited (KAL), Vijay Mallya, CMD of KAL, A Raghunathan, Chief Financial Officer of KAL, and unknown officials of IDBI for a conspiracy to disburse loans to KAL despite its weak financials, negative net worth and below par credit rating in violation of IDBI’s Corporate Loan Policy.
KAL allegedly utilized significant portions of loan funds to service the existing debt, diverted the loan funds to such purposes other than avowed and substantial amounts were remitted outside India on the pretext of payment of lease rentals etc.
After taking cognizance of offences, Special Judge, CBI Cases issued an NBW on January 21, 2017 and approved a request seeking his extradition from United Kingdom, which was forwarded to the UK Authorities by Ministry of Home Affairs.
During extradition proceedings, Mallya engaged experts from the fields of Banking, Aviation Sector, Prisons Conditions/Human Rights, Political Economics and Law, apart from erstwhile officials of UB Group and Force India Formula One Team Ltd. to defend himself.
He made submissions claiming about business failure and that the trial against him was motivated by extraneous factors including media frenzy and political motivations.
He also mentioned that the prison conditions in India did not conform to the European Convention on Human Rights (ECHR) Regulations and that the Indian Prisons were incapable of providing with the stipulated lodging facilities with adequate healthcare, food, exercise in conformity with European Convention on Human Rights norms (ECHR).
After hearing, the Extradition Court of the Senior District Judge (the Chief Magistrate) Emma Arbuthnot concluded that the allegations in the extradition request of CBI/Govt. of India constitute extraditable offences within the meaning of Extradition Act, 2003 of UK.
“The conduct of Mr. Vijay Mallya is punishable in India by imprisonment for longer than 12 months. In the light of merits of the case the Extradition Court has passed judgment for Extradition of Mr. Vijay Mallya to India,” the UK Court noted.
Based on the evidence the court concluded that there was a prima facie case against Mallya. “The Court was satisfied with the assurances and materials provided by Government of India regarding prison and human rights conditions and ruled that the video of Arthur Road Jail, Barrack No 12 accurately portrayed adequately large space, high ceilings, fans and natural light. The Court has also specifically made a positive mention about the impartiality and independence of Indian Courts.
Finally, Judge Emma Arbuthnot pronounced that she is making a recommendation to the UK Home Secretary to make a decision on ordering Extradition of Mallya to India.
“The CBI appreciates and commends the outstanding work of its own officers, as well as the officials of Indian High Commission in London, the Ministry of External Affairs and the Counsels of Crown Prosecution Service(CPS), UK,” the Central Agency said today.