The High Court has rejected an appeal by Indian businessman Vijay Mallya against a 2018 decision of Senior District Judge Emma Arbuthnot, the Chief Magistrate, not to discharge him from extradition proceedings. Mr Mallya is wanted in India to stand trial on charges of fraudulent misrepresentation and conspiracy to defraud. He is alleged to have fled India having wilfully defaulted on loans of more than £977m. The allegations are denied by Mr Mallya who contends that the charges are politically motivated.
Appealing the decision, Mr Mallya submitted that the Judge had been wrong to find, under section 84(1) of the Extradition Act 2003, that there was sufficient evidence to make out a prima facie case against him.
The High Court rejected this submission, finding that the Judge had properly directed herself and had taken a more thorough approach than was required, making a number of positive findings which amounted to a more demanding test than the prima facie test.
In addition to contesting the request for his extradition, Mr Mallya is party to a number of civil cases before the UK courts, including bankruptcy proceedings.