Law
Mallya’s media trial
Amongst the many high profile controversial clients that noted London lawyer Sarosh Zaiwalla has represented is the disgraced liquor baron Vijay Mallya (pictured). Mallya has defaulted on bank loans said to be in the range of Rs 7,000 to Rs 9,000 crores. 
Ensconced in London for several months, the elusive, one time billionaire is facing an extradition case initiated by the Indian government.
In an article in the Daily News and Analysis (DNA) of April 26, 2018 Zaiwalla, whose firm Zaiwalla and Company is not representing Mallya in the current suit against the Government of India, notes the flamboyant industrialist "is likely to face two scenarios — an outright victory enabling him to settle down in the UK permanently or being directed to India to stand trial… In the UK, the judge has to be satisfied that he will receive a fair trial in India. His lawyers will argue he is being ‘politically hounded’ and is a ‘victim of a media trial.’ He might also point out other Indian businessmen owe much more money to Indian banks, but his client has been singled out for persecution.
"The current media interest, bordering into a sensationalist trial by the Press, works in favor of Mallya which may even be presented as evidence by his legal defence. With the frenzied Press having already labeled him guilty, his legal team would argue that the Indian judiciary would be biased and therefore incapable of rendering a fair trial to their client. This is possibly the strongest and most potent argument in their defence arsenal…
"Another workable option for both sides is for Mallya to try and agree to a deal with the Indian prosecution authority to voluntarily arrive in India to be quizzed by (them with) an undertaking from the Indian Government that he will not be arrested and will be free to go back. Under the scenario, the Indian prosecuting authority will have an opportunity to consider whether it really has evidence to prosecute him. This also could result in a ‘Without Prejudice’ settlement discussions taking place between the parties in less hostile surroundings. This option has been often adopted by the UK prosecution authority with satisfactory results.”
Ensconced in London for several months, the elusive, one time billionaire is facing an extradition case initiated by the Indian government. In an article in the Daily News and Analysis (DNA) of April 26, 2018 Zaiwalla, whose firm Zaiwalla and Company is not representing Mallya in the current suit against the Government of India, notes the flamboyant industrialist "is likely to face two scenarios — an outright victory enabling him to settle down in the UK permanently or being directed to India to stand trial… In the UK, the judge has to be satisfied that he will receive a fair trial in India. His lawyers will argue he is being ‘politically hounded’ and is a ‘victim of a media trial.’ He might also point out other Indian businessmen owe much more money to Indian banks, but his client has been singled out for persecution.
"The current media interest, bordering into a sensationalist trial by the Press, works in favor of Mallya which may even be presented as evidence by his legal defence. With the frenzied Press having already labeled him guilty, his legal team would argue that the Indian judiciary would be biased and therefore incapable of rendering a fair trial to their client. This is possibly the strongest and most potent argument in their defence arsenal…
"Another workable option for both sides is for Mallya to try and agree to a deal with the Indian prosecution authority to voluntarily arrive in India to be quizzed by (them with) an undertaking from the Indian Government that he will not be arrested and will be free to go back. Under the scenario, the Indian prosecuting authority will have an opportunity to consider whether it really has evidence to prosecute him. This also could result in a ‘Without Prejudice’ settlement discussions taking place between the parties in less hostile surroundings. This option has been often adopted by the UK prosecution authority with satisfactory results.”
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