Ben Keith comments on the Vijay Mallya case in the Times of India, published on 25 April 2019. Mallya is due to appeal the original decision of Westminster Magistrates' Court to extradite back to India. The High Court is due to hear the oral hearing, requesting leave to appeal on 2 July 2019.
“His only option, if he loses this next hearing, is to get a Rule 39 from the European Court of Human Rights (ECHR). This is an injunction preventing his removal until the ECHR judgment on his case, which could take up to five years.
“It is quite hard to get a Rule 39. Normally it is granted in 48 hours. It is only granted in cases where there is real risk of harm to an individual. At the ECHR he would have to prove something like torture in an Indian jail, that he would have an unfair trial, or that charges were politically motivated." .....
This is an extract from the Times of India, you can read the full article here.
Ben Keith is a barrister specialising in Extradition, Immigration, Serious Fraud, Human Rights and Public law. He has extensive experience of appellate proceedings before the Administrative and Divisional Courts, as well as applications and appeals to the European Court of Human Rights (ECHR) and United Nations. He has significant expertise in the challenge of INTERPOL Red Notices. He is ranked in Chambers and Partners and Legal 500 in the top tiers.