Another option that Vijay Mallya can explore is seeking political asylum under immigration law.
“He can take this route anytime he likes. Political asylum falls under immigration laws and it is a totally separate procedure. This is a potential legal avenue, but he has to really demonstrate that he will be persecuted if he returns to India,” says Barrister Ganesan.
The last resort involves the European Court of Human Rights. Despite Brexit, the UK is still in transition period of moving out of the European Union. Therefore, Mallya can approach the European Court of Human Rights.
“He could apply under Rule 39 of the European Court of Human Rights to get a stay of his extradition pending the formal application to review his extradition to India. These applications are known as interim measures. These are usually only for very limited circumstances for eg. Where there is a threat to life, ill-treatment namely prohibition of torture and inhuman or degrading treatment),” says Barrister Ganesan.
The Interviewee Mr Muthupandi Ganesan, a Barrister and an expert in Extradition Laws is a Partner at Ganesan and Manuraj Legal LLP
Link to full article on India Today : https://www.indiatoday.in/india/story/vijay-mallya-extradition-india-uk-london-home-secretary-coronavirus-1679913-2020-05-20