The UK government has informed India that Vijay Mallya, who is facing arrest over allegations of defaulting bank loans of over Rs 9,400 crore, cannot be deported as per British laws, said Ministry of External Affairs. The UK however has said that it could consider an extradition request for him.

The extradition can happen under the 1993 treaty or any other necessary assistance under the Mutual Legal Assistance Treaty (MLAT) signed in 1992 between India and the UK

The UK government’s response came nearly a fortnight after India made a request for the deportation of Mallya, whose Indian passport was revoked in a bid to secure his presence for investigations against him under the Prevention of Money Laundering Act 2002.

“The UK government has informed us that under the 1971 Immigration Act, the UK does not require an individual to hold a valid passport in order to remain in the UK if they have extant leave to remain as long as their passport was valid when leave to remain or enter the UK was conferred.

“At the same time the UK acknowledges the seriousness of the allegations and is keen to assist the Government of India. They have asked GoI to consider requesting mutual legal assistance or extradition,” MEA spokesperson Vikas Swarup said.

On Tuesday, a Delhi court has issued notice to liquor baron Vijay Mallya on ED’s plea seeking to withdraw the exemption granted to him from personal appearance in a case for allegedly evading summons in connection with purported violation of foreign exchange rules.

Chief Metropolitan Magistrate Sumit Dass sought response of Mallya by May 20 on a plea filed by Enforcement Directorate (ED) which also sought issuance of non bailable warrant against the chairman of now-defunct Kingfisher Airlines to secure his presence in the ongoing trial of the case.

ED had approached the MEA seeking initiation of deportation proceedings against Mallya, charged with money laundering in the Rs 900 crore IDBI loan fraud case, following which MEA has revoked his passport. Mallya, who had left India on March 2 for the UK, can approach the British authorities to grant him permission to continue his stay in that country or challenge the revocation of his passport.