Explainer: Why it could take up to 18 months to extradite Vijay Mallya

According to extradition experts, since the Westminster Magistrate Court has ordered Mallya's extradition today, the matter will first go to the Secretary of State Sajid Javid.

The latter will decide to agree or disagree with the verdict. If Javed agrees with the extradition decision, Mallya can first appeal in the High Court followed by the Supreme Court.

Source: Reuters

This process can take about 18 months or more according to the experts Similarly, the crown prosecution can appeal to the High Court and later to the Supreme Court if Javed disregards an extradition verdict passed by the court.

Source: Reuters

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 Mallya had already said before entering the court that his lawyers would review the judgement.

Source: Reuters

Judge Emma Arbuthnot ruled at Westminster Magistrates' Court in London that Mallya has a prima facie case of fraud to answer and sent her decision to UK Home Secretary Sajid Javid, who is to sign off on the extradition order under the extradition arrangements between India and the UK.

Source: Reuters

"Ultimately it is with the minister, however the minister would not be able to overturn the extradition judgment," explains Sarosh Zaiwalla, Founder & Senior Partner at UK-based law firm Zaiwalla & Co.

"Do I regret being in a situation when I am reading legal papers and paying legal fees, yes I do. I could have done something more productive with my time. But it is what it is," Mallya told reporters after the verdict.

"My legal team will review the judgment in detail, consider various options and then I will decide going forward. There is a process ahead," he said.

Source: Reuters

Meanwhile, he remains on the same bail conditions on which he was arrested in April 2017, which involves a bail bond worth 650,000 pounds.

"Mallya is not likely to be extradited to India for months. Following the extradition judgment today, Mallya now has 14 days to appeal, during which period he wouldn't be arrested, but would remain on bail," Zaiwalla said.

Source: Reuters

Appeal to SC

If the High Court order also goes against Mallya, he could apply for the right to appeal to the Supreme Court, which would involve at least another six weeks and if he won the right to do so that could take up to a year.

"The Crown Prosecution Service (CPS) could apply for an expedited appeal process but it is not common for this to be granted. You would have to show the need of urgency," added Zaiwalla.

While it is not uncommon for a court of appeal to overturn the verdict of a lower court, Monday's verdict marks the completion of the first phase in what is expected to be a long-drawn extradition process.

Source: Reuters