Daily Times

That Indian business tycoon, Vijay Mallya flew to Britain from India in, 2016 when he was about to be arrested for financial crimes. Mallya himself due to extravagant lifestyle and his companies have been embroiled in financial corruption since, 2012. He left India by stating that he wanted to be closer to his children in Britain.

These days the Indian incumbent government through diplomatic channels is pressing the British government for an expeditious extradition of Mallya to India to face criminal proceedings levelled against him of 9,000 crore (US 1.3 billion). The Scotland Yard arrested Mallya a year ago and then granted him bail.

There is an extradition treaty between India and Britain signed in 1993; India is among Category II countries under the UK’s extradition laws. The United States of America and most European Countries are listed in Category I. It is to say that extradition for a Category II country is much more difficult comparing to Category I.

In the past, Indian governments have failed to get favourable verdicts from the British courts in cases such as Nadeem Saifi, who was accused of murdering Gulshan Kumar, in which Gangster Abu Saleem was the main accused. At this point, there are about 131 criminal and fugitives residing in England, from those accused to those suspected of involvement in heinous crimes including financial crimes. For instance, Indian Premier League former Commissioner, Lalit Modi is in London. Lalit is wanted in India because of money laundering and plundering finances generated from Indian Premier League.

Coming to Ishaq Dar, the former finance minister of Pakistan, the newly elected government is planning to bring him to Pakistan in order to make sure that he also stands trial for financial crimes levelled against him in Panama gate. It is not out of place to mention that Pakistan and UK have no bilateral extradition treaty for the exchange of prisoners and extradition. Pakistan does have an extradition treaty with US however, in addition, under the London Scheme of Common Wealth countries; Pakistan has extradition relations with four other countries; Australia, Cook Islands, Fiji, and Vanuatu. In prevailing circumstances it is also submitted that the human rights laws of Britain are very strong and favourable for all fugitives. Britain and even other European countries protect fundamental human rights including that of a fair trial. Mallya and Dar will not be sent back to their countries over night, they will first be given complete protection by the British courts having lenient and humanistic views.

Mallay and Dar will not be sent back to their countries over night, they will be first be given complete protection by the British courts having lenient and humanistic views

Most recently, Mallya raised an appeal in the Westminster London Magistrate’s court that the process of his extradition should possibly be undone on the grounds of notorious and inhuman treatment of prisoners in jails across India. The court then asked the Indian authorities to send videos of 12 jails where Mallya could be housed if extradited to India. The situation of jails in India is appalling and this in my opinion has played a crucial role in delaying the extradition of Mallya to India despite the treaty of 1993.

Since 1993 the UK authorities have sent only one Indian to India so far from the United Kingdom. It is a known fact that prison conditions in India are appalling. The National Crime Records Bureau’s data and a report prepared by an amicus curiae appointed by the Supreme Court revealed that Indian jails are terribly overcrowded (up to 150 percent of their capacity) and the Court has expressed concern about prisoners being treated as animals. Other issues include a high frequency of violence inside jails, poor hygiene, and the number of natural and unnatural deaths in jails. Prisons in Europe are definitely more humane than the prisons of India and the conditions of Indian prisons are bound to horrify the UK courts, making extradition difficult to achieve. Meanwhile, Mallya has resisted extradition by claiming prosecution and Prime Minister, Modi too is all set to assert the same.

In the case of Ishaq Dar, the government of Pakistan can only ask Interpol to bring him back to Pakistan but this task would be very difficult to do so considering the absence of a bilateral extradition treaty between the two countries. Despite another argument surfacing that Pakistan is a signatory of United Nations Conventions against Corruption (UNCAC) — even then extradition of Ishaq Dar seems next to impossible. The reason being that United Nations conventions and treaties to which Pakistan is a signatory or party have no direct effect in Pakistan. The UN conventions and treaties are just for expressing solidarity with the international community on prevailing international social and legal issues. The UN convention against corruption appears to be an excellent convention but the courts and the authorities of Pakistan are not bound by it and not even the UK government.

The UK government may not consider the UN convention against corruption in the case of former finance minister, if any formal request is being made by Pakistani government.

The extradition case of Vijay Mallya is an excellent example of law and facts together. Had Mallya not raised a hue and cry in the British court about the notorious and inhuman treatment of prisoners in jails across India the British authorities could have extradited him to India in light of treaty of 1993. Former finance minister of Pakistan may raise same voice in the British courts if process of his extradition initiates. The jails across Pakistan are overcrowded and notoriously violent. Treating prisoners in jails like animals is a normal and acceptable norm in Pakistan.  In the very end, it is to be mentioned that UK authorities in past have taken Pakistanis to UK but have not extradited people to Pakistan.

The writer is an attorney based in Lahore, and he can be reached at greenlaw123@hotmail.com

Published in Daily Times, September 3^rd 2018.