The process of extradition of the former liquor baron Vijay Mallya from UK could take several twists and turns before he can be made to return to India.

The foreign ministry spokesman Vikas Swarup in his statement on Thursday said that honouring the request for extradition which was formally made to the British High Commission will be seen as an act of cooperation between the two countries. He said there was a legitimate case for extradition of Mallya who has been declared as an absconder by a special court.

Legal experts said that while the external ministry is trying to extradite Mallya banking on the goodwill gesture on the part of the UK, it will be difficult for that country to set a precedent. The Government will have to put up a very strong case against Mallya as it would be difficult to convince the UK Government that an Indian citizen can be considered a fugitive for a financial crime committed in his home country.

In an earlier case, India’s plea to extradite navy war room leak accused Ravi Shankaran from the UK almost 10 years after he was implicated has failed. In fact there has been no high profile extradition since the treaty was signed 23 years ago.

The UK Government has already said that Mallya cannot be deported but India can go ahead and file a plea for extradition. According to one of the articles of the UK-India treaty, the person to be extradited can put up his defense claiming that he is being falsely charged as the real intention is to harass him.

But legal experts say there are ways to get around the hurdles. For example, invoking of a dual – criminality clause can help to make the case stronger as it would mean being charged for an offence that is recognised as crime in both countries.

The Government can also make a request for extradition under the India-UK Mutual Legal Assistance Treaty (MLAT) signed in 1992 between the two countries for extradition of absconders.

One of the clauses in the treaty allows extradition for the purpose of helping in the ongoing probe or to give evidence. The Government has already filed a charge sheet against Mallya and the others in the money laundering case which is being seen as another step towards invoking MLAT.

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