LONDON: Fugitive businessman Vijay Mallya has applied for an oral hearing at London’s high court to argue his case for permission to appeal his extradition order whilst celebrity jeweller Nirav Modi’s application to appeal his refusal of bail is said to be imminent.
Mallya had his paper application for leave to appeal turned down by email on April 5 by a single judge, without any hearing. On April 11 he applied for an oral hearing to seek leave to appeal chief magistrate Emma Arbuthnot’s decision to extradite him and the home secretary’s decision to order his extradition. His lawyers will now fully argue his case before a judge at the hearing.
The administrative court of the high court confirmed to TOI on Friday: “Vijay Mallya’s application to argue his case for leave to appeal at an oral hearing was received on April 11, 2019. We hope to list the hearing within eight weeks. It will be a public hearing unless an application is made for it to be heard in private.” Mallya also confirmed the development to TOI. If Mallya is refused leave to appeal, he will not be able to approach the Supreme Court and will be put on a plane to India within 28 days, unless he can find a reason to approach the European Court of Human Rights.
Extradition barrister Ben Keith, of 5 St Andrew’s Hill, said: “It is unlikely to be heard in private unless there are children or mental health issues involved. The CPS sometimes don’t attend these hearings as it is just about whether he has an arguable case, and then if he does there will be a full hearing which the CPS will attend. But because of the profile of this case they may attend.”
A source told TOI that billionaire Nirav Modi is about to make an application to the high court for a hearing to consider his bail application which has twice been refused by the Westminster magistrates’ court. The high court said it had nothing on its system yet, and the CPS said: “We have not been informed of any such application. Under the rules we have to be given 48 hours’ notice of such an application.” But the source said it was imminent.
Keith explained: “Nirav Modi can apply for an appeal against the bail decision at any time during his extradition proceedings. If he loses that he can only make another bail application if there is a change in circumstances. There is no custody time limit for extradition cases in the UK. Most people in extradition cases do get bail, but if Nirav Modi is considered a flight risk he could be held in custody until the end of his extradition proceedings.”