DAINIK NATION BUREAU
The judge’s decision on whether to send Mallya’s case to UK Home Secretary Sajid Javid can be appealed with the UK High Court’s permission, with the person to be extradited entitled to make an application for permission to appeal to the High Court within 14 days of the date of the Chief Magistrate’s ruling.
“If the judge is satisfied that all of the procedural requirements are met, and that none of the statutory bars to extradition apply, he or she must send the case to the Secretary of State for a decision to be taken on whether to order extradition,” explains Pavani Reddy, a UK-based legal expert and Managing Partner of Zaiwalla & Co.
On the other hand, the Indian government would also have 14 days to file leave to appeal to the High Court, seeking permission to appeal against a decision not to extradite.”In case the concerned individual does not file an appeal, and Secretary of State agrees with the magistrate’s decision, then the individual must be extradited from the UK within 28 days of the Home Secretary’s extradition order.
“This will also apply if an appeal lodged by either party in the High Court is unsuccessful, but the 28 days will commence from the date when the appeal hearing was concluded,” said Reddy.