<img src="https://discussion.policharcha.in/1603801719373" alt="PM Modi and Bihar CM Nitish Kumar." style="float:none;height: auto;width: auto"/>

For the year 2020, assembly elections in India can be broadly characterised into two categories – Pre-Covid and Post-Covid. Note that ‘Post-Covid’ is not to surmise that Coronavirus is vanished from India, but one can say that the initial scare is passed away, and we are on the path of recovery.
Anyway, coming back to the elections. Pre-Covid time has seen assembly <a href="https://policharcha.com/article/politics/44b823c2-eff5-4183-83f9-607c95bdb661/the-abc-of-delhi-election-" target="_blank">elections in Delhi</a> , where for the second consecutive time, AAP was able to garner a monumental positive response from the public. On the back of its developmental work done in Delhi, AAP secured 63 of the 70 seats. One might also give credit to the anti-BJP narrative due to the passage of CAA, which ultimately resulted in a riot in the national capital. Not so long after that, India had to impose a nationwide lockdown to curtail the spread of Coronavirus which put a pause to the economic activity, and obviously rendered all the elections related activity to a stop.
After more than six months now, in the ‘Post-Covid’ period, it is the time for Bihar assembly elections to take place. Considering the status of politics in Bihar which is giving birth to an intriguing equation, it is safe to assume that Bihar elections will pave the way for the future of politics (and elections) at least till the next Parliamentary elections due in 2024.
On one hand, we have a Chief Minister in Nitish Kumar who has the reign since the last 15 years, but faces heavy anti-incumbency. He has a major political ally, BJP, which, some might say that, is facing criticism due to the handling of the Covid-19 crisis which has caused economic distress and further raised unemployment. On the other hand, we have a younger competitor in Tejashvi Yadav who is looking to put his party, RJD, back to power in the state. He is supported by the INC, which has lost its own ground in the state, and is trying to stay relevant by supporting RJD. There is also a third emerging player in Chirag Paswan, who is taking the LJP baton forward from his late father and a seasoned politician Sh. Ram Vilas Paswan.
The main contest is between NDA (BJP and JDU) and Mahagathbandhan (RJD and INC), but we cannot under estimate the standalone LJP which can play a party spoiler.

<img src="https://discussion.policharcha.in/1603802097084" alt="Main points to consider in Bihar elections." style="float:none;height: auto;width: auto"/>

<ins>Main points to consider</ins>
According to the survey done by Drishtikone Media and Policharcha.com, NDA is expected to surpass the magic number of 122. BJP will emerge as the single largest party with around 85 seats and JDU will be able to get around 43 seats. Despite this feat, we might not see Nitish Kumar as the CM of Bihar. The case of Bihar will be in the similar lines to that of Maharashtra. BJP was the single largest party in Maharashtra, and on the back of that it persisted with the claim that a BJP candidate must be the CM of Maharashtra. BJP did not succumb to the political pressure made by Shiv Sena, and it resulted in the break-up of the two parties. Similarly, in Bihar also, no matter what it says before the result, BJP is likely to support its claim on the post of CM, not giving the chance to JDU’s Nitish Kumar.
Moreover, after the 2015 Bihar elections, which were fought together by RJD and JDU against BJP and LJP, BJP was not in the position to play a deciding role or even bargain for the post of CM. This time though, it is supposed to be the single largest party and that too with the support of the current CM, therefore it holds some leverage, and will not give the CM seat to JDU as a charity.
There is also major anti-incumbency against Nitish Kumar. Women voters are likely to not vote for JDU due to the fact that state-wide liquor ban did not reap the expected results. Moreover, the plight of the Pachpaniya community is there to be focused upon. There are about 55 castes living in Bihar which are considered to be the most backward. They assert that in the last 3.5 years of RJD’s rule, their situation has gone from bad to worse. The Bihar Government did not keep its promise to make these people socially empowered.
Nonetheless, it will be difficult to keep a seasoned politician like Nitish Kumar out of the political mainframe of Bihar, and because of this BJP might offer him a position at the Centre. Or perhaps Nitish Kumar can be next Presidential candidate as the presidential elections are due in 2022. What are your thoughts about it? Be sure to comment your views.

<img src="https://discussion.policharcha.in/1603802282452" alt="Seats contested by different parties." style="float:none;height: auto;width: auto"/>

Another point to consider is the fact how LJP has fielded its candidates in Bihar. Out of the total 134 nominations filed by LJP, only six are contesting against BJP directly. This raises some questions regarding the intent of Chirag Paswan to go solo for the assembly elections this year. On paper, BJP and LJP are not contesting together, but if you consider that they are fighting against each other at just 6 constituencies out of the 243, you can say that there is something more than what meets the eye. LJP is likely to give more bargaining power to BJP as LJP is fighting against JDU, RJD, and INC on 128 seats. This will strengthen position of BJP and weaken that of other parties.
Muslim Yadav (MY) votes will also be one of the deciding factor. As always, caste configuration will play a substantial role to determine the fate of Bihar. Yadav voters will cast their votes in groups and are very likely to go with Tejashwi Yadav. Although, this time around Muslim voters have a task of their own. One can assume that they will vote against BJP, but they have several other options to choose from. This makes things better for BJP. Muslims can go with Mahagathbandhan (MGB), or even go with JDU due the secular image of Nitish Kumar. JDU had nominated 11 Muslim candidates who are expected to cut the vote share other parties. AIMIM is also in the scene in these assembly elections. They have nominated candidates to fight for 24 seats, out of which on six seats they have placed a candidate against BJP. Therefore, Muslim voters will have another option to vote for, which again makes BJP’s prospects better.
BJP is at a better position than it was in 2015. Considering the fact that, it was non-BJP ruled states of Delhi, Mumbai, and Punjab which had sent the migrant workers, most of whom belonged to Bihar, back their states. It was Yogi and Modi’s Governments which helped them by giving them free food on the way, and then providing them with free ration for 7 months once they had reached their state Bihar. Therefore, contradicting the popular opinion that is upheld by the media that people will not vote for BJP due to economic crisis and unemployment, a substantial number of the rural population is going to favour BJP, partly because of Modi’s image also.
<ins>NDA very likely to form the Government</ins><ins> </ins>

<img src="https://discussion.policharcha.in/1603802747995" alt="Probable result of Bihar assembly election 2020" style="float:none;height: auto;width: auto"/>

As per our survey, NDA is likely to secure 130 to 145 seats, out of which BJP will get 84 to 95 seats and JDU will get 40 to 47 seats. Therefore, BJP is gaining seats this year because of the anti-incumbency against Nitish, and Modi’s image. NDA’s vote share might increase by almost 2 percent from 41.2% in 2015 to 43% in 2020. It is interesting to note that, in the 2015 election, BJP and JDU did not contest together as a group, still BJP got the majority vote share of 24.4 percent, but could not become the single largest party.
Mahagathbandhan (MGB) is expected to win on nearly 85 to 95 assembly seats with the majority of share going to RJD at 60 to 70 seats. In terms of votes, MGB’s share is likely to increase from 25 percent in 2015 to 36 percent in 2020, but the number of seats won by them will reduce due the way LJP has fielded its candidates.

<img src="https://discussion.policharcha.in/1603802853245" alt="Who Bihar wants as its next CM?" style="float:none;height: auto;width: auto"/>

42% of the people of Bihar wants Nitish Kumar as their CM. 31%, 6%, and 3% of people see Tejashwi Yadav, Chirag Paswan, and Sushil Kumar Modi respectively as the CM of the state.
LJP will move up from its tally of 2 seats in 2015 to around 5-7 seats this year, and can even touch double digits, depending on the performances of other parties.

What are your views on Bihar election? Be sure to let us know in the comments.

Nitish Kumar might not be the CM of Bihar even if NDA wins

<img src="https://discussion.policharcha.in/1603299114179" alt="How gambling is regulated in India. Gambling laws in India, How is Dream 11 leagal?" style="float:none;height: auto;width: auto"/>

“Yeh main kar leta hu, aap Dream 11 per team bana lo” is one of the most heard and watched catchphrases on the internet since the advent of the thirteenth edition of the Indian Premier League. However, considering that gambling and betting is illegal in India, one might question how apps like Dream 11, and MyTeam11, which involve making a fantasy team to earn some money rewards, and sites which offer online Poker, and Rummy are operating in India. One might also argue whether these avenues are used as proxies for online betting.
Gambling is generally considered a taboo from the viewpoint of Indian culture and values. The Hindu epic Mahabharata provides a classic example of what playing a simple dice game can lead to. Even according to the Islamic ideology, gambling is seen to be an addictive practice which can destroy personal lives and family values. If Indian values abhor so much the acts of gambling, then how come Dream 11 can be the title sponsor of IPL, or how can a person place bets on horse races in our country?
To get more clarity on the subject, we will have to look at the prevalent laws in India which deal with betting and gambling.
<ins>How gambling is regulated in India</ins>


<img src="https://discussion.policharcha.in/1603299267400" alt="Gambling laws in India." style="float:none;height: auto;width: auto"/>

Betting and Gambling is administered under the British-era law known as The Public Gambling Act, 1867. This Act prohibits gambling in public forum in India, and prescribes punishment for those who run such places. Some states have adopted this central Act, while others have taken matter into their own hands, and have made laws regarding the same. Betting and gambling is a state subject listed in the Seventh Schedule of the Indian Constitution.
The Gambling Act, however, distinguishes between a ‘game of chance’, and a ‘game of skill’. While the former is prohibited under the Act, the latter is allowed, and is regulated by the concerned departments. Even most of the states’ anti-gambling laws exempt these games of skill from their purview. However, as per the Supreme Court of India, the ‘skill factor’ must outweigh the ‘chance factor’ for one game/sport to be called a game of skill.
Goa and Sikkim are the only states where gambling is legal. Casinos can be opened after getting an authorised license by the State Governments.
In West Bengal, Poker, Rummy and Bridge are excluded from the definition of gambling. In Andhra Pradesh, online gambling is completely illegal, and can lead to jail terms, however fantasy games are permissible. Assam, Odisha, and Telangana have made it illegal to play game of skill for money. Therefore, no type of betting is allowed.
It is to be clear that except the states of Goa and Sikkim, betting and gambling is indeed illegal and punishable crimes in India.


<img src="https://discussion.policharcha.in/1603299329798" alt="Different gambling laws in different states." style="float:none;height: auto;width: auto"/>

Poker is a major grey area in the eyes of Indian law. Teen Patti (Flash) is banned, whereas Rummy is allowed. It is interesting to know that horse racing, which is one of the easiest games to fix, is legal to wager on because it is a skill game, yet cricket betting which requires the some sort of skill set is banned.
<ins>Dream 11: A game of skill or a game of chance?</ins>
Dream 11, MyTeam11, and other fantasy games are online competitions where you choose a number of players to form a team (let’s say a cricket team). This team of yours is then ranked following the real match involving those players and based on their real performances. If the players who starred in the actual game were on your team, then your team ranks higher, and you become entitled to a sum of prize money or a share of it.
Several High Courts in India have categorised these fantasy games as a game of skill on the basis on the following:-
<ul>
<li>Participants have to choose a team consisting of at least the same no. of players as playing in a real-life sports team (e.g. 5 in basketball, 7 in kabaddi and 11 in cricket/football)</li>
<li>All contests are run for at least the duration of one full sports match</li>
<li>No team changes are allowed by participants after the start of the sports match</li>
</ul>
Moreover, one has to be well informed about the status of the teams, playing form of several players, weather conditions, pitch and ground conditions, and several other things. So, indeed one must show some skill to increase his chances of winning.
<ins>Counter Arguments</ins>
Now, how would you know before a match, which player is going to shine? Is it not predicting or guessing or speculating? Is it really a ‘game of skill’ as they say? Is this really not a ‘game of chance’ because no matter which sort of expert one is, the reality is that nobody actually knows who might hit how many runs or take how many wickets the next day?&nbsp;
Only if it takes some efforts to make a guess, then should it not be considered betting at all? The idea of distinguishing games/sports based on their requirement of ‘luck/chance’ or ‘skill’ is paradoxical, but then what is more intriguing is the fact that these phrases have been produced by the courts of law.&nbsp;
Several judgments by some of the High Courts and the Supreme Court of India have made internet games like Poker, Rummy and Bridge, and fantasy sports like Dream 11 legal in India.
These judgments do not make gambling legal, but subjectively take some games out of its ambit. This is how Dream 11 have not only survived, but also thrived in the Indian market as it is understood to be a ‘game of skill’.
<ins>Internet Gambling</ins>
Sikkim has enacted the Sikkim Online Gaming (Regulation) Act, 2008, with a twofold objective of controlling and regulating online gaming through electronic and non-electronic formats, and to impose tax on the same.&nbsp;
The above mentioned Act was amended in 2015 restricting the offering of "online games and sports games" under the licenses issued under the said Act to the physical premises of the game parlours within the geographical boundaries of the State of Sikkim through intranet gaming terminals. Initially, the phrasing of the Sikkim Online Gaming (Regulation) Act, 2008 provided that the license shall allow the licensee to offer its games across India without restricting it to the territory of Sikkim.
Nagaland has enacted the Nagaland Prohibition of Gaming and Promotion and Regulation of Online Games of Skill Act, 2016. The said Act provides for promotion and regulation of ‘games of skill’ through the issuance of licenses by the State Government. This Act says that the license holders can operate from any State in India where gambling is allowed.
Except for the Sikkim Online Gaming (Regulation) Act, 2008 and Nagaland Prohibition of Gaming and Promotion and Regulation of Online Games of Skill Act, 2016, no other Central or State gambling legislation specifically deals with online gambling which puts online gambling involving a 'game of skill' in a spot of bother.
In the present global world in which everyone is connected through the internet, a person sitting in India can bet through a foreign owned website. There is no law which exclusively regulates/prohibits such activities in India. In the absence of any specific law directly regulating the online gambling through a server located outside the territory of India, these can be regulated only through the Information Technology Act, 2000, and the prevalent laws which pertain to foreign exchange earnings and money laundering.
<ins>Conclusion</ins>
From a societal and cultural perspective, it completely depends upon a person how he understands or exercises gambling. One can do gambling through online games or at offline platforms for fun, and it could actually be relaxing and mood refreshing. However, if one engages in gambling more than what is good, then it can also lead to loss of possessions, anxiety, frustration, quarrels, depression, alcoholism, suicidal tendencies, crimes, and so much more. It is perhaps because of these fearful consequences that our societies, from past times, have made rules to keep us stay away from gambling.
However, gambling is not a standalone issue here; the issue is how gambling is regulated. Gambling is still seen as a taboo, and apparently this assertion has been carried forward by modern nation states who care for their society and citizens, even though these states are fully aware that legalising gambling would also bring rapid economic growth, and job opportunities, but that is altogether a different issue which needs a proper discourse.
Anyway, what are your views on the debate of ‘game of chance’ vs ‘game of skill’? Let us know in comments.

Game of Chance or Game of Skill; how Gambling is regulated in India?

<img src="https://discussion.policharcha.in/1602865826416" alt="LGBTQ. Homosexuality. Same-Sex marriage. Marriage. Gay rights." style="float:none;height: auto;width: auto"/>

In the September of 2018, India took a progressive step towards securing the rights of the LGBTQ community when the honourable Supreme Court came up with a monumental judgement which struck down certain provisions of Section 377 of the IPC and decriminalised homosexuality.
Naturally, since then the gay rights activists and members of the civil society have been preparing for the next step i.e. the legalisation of same-sex marriage in India. Marriage is a sacred and traditional institution in our country, and therefore is governed by personal laws, rather than civil laws. So, the question of same-sex marriage has to be dealt with utmost care maintaining the right balance between tradition and modernisation.&nbsp;
The legislators, in the past, have already dealt with the deadlock between tradition and modernisation when it came to the conduct and legality of marriages in India. The questions then were not about marriage between adults of the same sex, but about marriage between adults belonging to different castes and faiths. Subsequently, we came up with The Special Marriage Act, 1954 to give way to the holy matrimony without having any parties to renounce their religion or alter their faith. Fifteen years later, in 1969, we came up with The Foreign Marriage Act to further safeguard Indian citizens who conduct their marriages outside the territory of India.
Therefore, The Special Marriage Act and The Foreign Marriage Act are two important pieces of legislation which deal with marriages in India which are outside the purview of personal laws. Now, the question came in front of the Delhi High Court regarding the legality of same-sex marriages under the above mentioned legislations.


<img src="https://discussion.policharcha.in/1602866028184" alt="Marriage. special marriage act. foreign marriage act. homosexuality. gay rights. same sex marriage" style="float:none;height: auto;width: auto"/>

<ins>Backdrop</ins>
Two same-sex couples submitted pleas in front of the Delhi High Court seeking solemnisation and recognition of marriages under The Special Marriage Act and The Foreign Marriage Act respectively.&nbsp;
The first couple – Kavita Arora, and Ankita Khanna – have been living together as a couple since the last eight years. They both wanted sanctification of their companionship in front of the marriage officer (the sub-divisional magistrate, South East Delhi, Kalkaji) under the Special Marriage Act, 1954, but were denied as they both are of the same sex.
Services like opening a joint bank account, buying family health insurance, or securing address proofs, which are trivial and easily accessible for heterosexual couples, are a struggle for us, the petitioners said.
Another same-sex couple, both men, Vaibhav Jain, an Indian citizen, and Parag Vijay Mehta, an overseas citizen of India who got married in the United States. They wanted their marriage to be recognised in India under The Foreign Marriage Act, but the Indian consulate refused to register their union. They were prevented from travelling to India as a married couple during the Covid-19 pandemic.


<img src="https://discussion.policharcha.in/1602866153105" alt="delhi high court. same sex marriage. LGBTQ community. Gay rights. " style="float:none;height: auto;width: auto"/>

<ins>Possible problem at hand</ins>
The Delhi HC enquired from the counsel of the petitioners whether they have challenged the concept of marriage in their pleas. The HC stated that the word ‘marriage’ is not defined in the 1954 and 1969 legislation.
“Please understand that till the concept of marriage is not challenged, it would not be able to move forward in the matter because marriage is not defined. There is otherwise no question on the maintainability of the pleas but in both the Special Marriage Act and Foreign Marriage Act, the term marriage has not been defined,” said the court.
It was pointed out by advocate Rajkumar Yadav, one of the counsel representing the Centre, that a situation like this has not been faced in the 5000 years old history the Sanatan Dharam. To which Justice Menon replied, “We may shed our inhibition. The laws are gender-neutral. You please try to interpret the law for the citizens of Sanatan Dharma in the country. This is not an adversarial litigation. This is for the right of every citizen of the country.”
The two-judge HC bench consisting of Justice Rajiv Sahai Endlaw and Justice Asha Menon pushed the matter for next hearing on January 8, 2021, and has asked the Centre’s opinion about the case.
This issue would require a detailed reply, the Central Government standing counsel Kirtiman Singh said.

Delhi HC asks Centre’s opinion on same-sex marriage

<img src="https://discussion.policharcha.in/1587894440891" alt="Extradition Laws in India & Vijay Mallya’s Case" style="float:none;height: auto;width: auto"/>
Former liquor tycoon and loan defaulter Vijay Mallya has lost his plea in the UK’s High Court against an extradition order to India. This development can be seen as another positive step towards bringing loan defaulters, who have fled to other nations, back to India.
While Mr. Mallya has another plea left in which he can knock the doors of UK’s Supreme Court, the chances of a stay on extradition order seems bleak.
What is an extradition? How do countries come to a mutual agreement that pertains to the transfer of foreign offenders to their home country? We try to shed more light on this pressing issue.

Extradition means delivery of a person from one State (where the person currently resides) to the ‘requesting’ State (where the person is accused or convicted of any offence). It is an exercise done to bring back the fugitive criminals from foreign lands, in order to present them in the domestic court of law for trial.&nbsp;
The Indian Extradition Act, 1962 lays the legislative provisions for matters related to extradition. The Consular, Passport and Visa (CPV) division of Ministry of External Affairs (MEA) monitors and handles all the incoming and outgoing extradition requests.

<ins>Extradition Process</ins>
<ul>
<li>When a person after committing a crime has escaped from the country, and has taken refuge in a foreign jurisdiction, the MEA sends an ‘extradition request’ on behalf of the Republic of India to that foreign state/country.</li>
<li>The extradition request consists of various documents citing the details of the offender, nature of offence, case details, legal provisions etc.</li>
<li>The involved foreign country, after examining the situation, takes the necessary actions according to its own extradition policies.</li>
<li>Once extradited, the criminal is held under custody, and thus tried for his offence.</li>
</ul>
<ins>Extradition Treaties</ins>
The extradition treaties are usually bilateral agreements between two countries regarding the extradition of fugitive criminals. These treaties provide an obligation on a country, in which the fugitive has taken shelter, to acknowledge the extradition request, and thus start proceedings against the asked criminal.
As of 2018, India has such bilateral treaties with 43 countries and ‘extradition arrangements’ with further 10 countries. In comparison to India, the US and UK have extradition treaties with 100 countries each, whereas some others nations stand on - Russia (64), Canada (49), China (37) and Pakistan (13).&nbsp;
India, which also suffers from cross-border terrorism, does not have extradition treaty with its neighbors like Pakistan, Afghanistan, China and Myanmar.
INTERPOL (International Criminal Police Organization) can also issue notices (Red and Blue Notices in case of extraditions) to governments in order to extract information about the fugitive criminal and can assist in surrender/delivery of a said person to the country seeking extradition.
Mutual Legal Assistance Treaties (MLAT):- Under these treaties, the requesting country can demand the foreign Government to summon and collect the testimony of the fugitive criminal. This does not include detention or extradition. Also, responding to such summon is not binding on the addressed criminal. India has these treaties with 39 countries.

<ins>Extradition Norms</ins>
<ul>
<li>Extradition is not just confined between treaty members. For example India can also send extradition request to a non-treaty country, but the addressed country will not be obliged to take any action. To overcome such hurdles, some arrangements can be made through diplomatic channels regarding the extradition exercise. The foreign country may then act according to its own procedures and can demand reciprocity.</li>
<li><ins>Provisional arrest request</ins>: - The country demanding the extradition of a fugitive can also request for the fugitive’s arrest by provisional authorities of the foreign land, so that the said person cannot run-away until the completion of extradition process.</li>
<li><ins>Dual Criminality</ins>:-The crime committed by the accused fugitive should fall in the category of ‘dual criminality’, that is, it should be a punishable offence by law in both the involved countries.</li>
<li>The crime not falling under the ‘list of crimes’ mentioned in the treaty cannot be reasoned for the extradition. Also, extradition can be denied for ‘purely military or political offences’.&nbsp;</li>
<li><ins>UN Conventions</ins>:- There are certain United Nations conventions like UN Convention Against Corruption (UNCOC) - of which India is a signatory – under which a fugitive who has committed an offence related to corruption can be unconditionally extradited to the requesting country. Thus, ‘dual criminality’ would not be applicable in such a case.</li>
<li>There are countries where capital punishment is banned. If a fugitive has taken refuge in such a country, and the authorities of that country thinks that, if extradited, the accused might get capital punishment, then it is most likely that the country will refuse to extradite.</li>
</ul>
Since 2002, 62 fugitives have been brought back to India out of 110 requests made. As of 2018, more than 150 extradition requests are lying pending whereas 16 are under process. The provision for death sentence, in the rarest of the rare cases though, in India could be one of the reasons behind this low success rate.
Some high profile criminals of whose extradition India awaits are like David Headley, and Tiger Hanif, both terrorists, and Mehul Choksi, Nirav Modi, and Vijay Mallya, all of them are economic offenders.

<ins>Vijay Mallya’s Case</ins>
Vijay Mallya is an Indian businessman who is accused of fraud and money laundering, and owes a whopping Rs 9000 crore to 17 Indian banks. He is currently in London, UK and India is seeking his extradition.
Recently, on April 24, 2020 the High Court of England and Wales approved Mallya’s extradition to India.

<ins>Backdrop</ins>
Mallya took the reins of the UB Group from his father at the age of 28 and made huge profits till his Kingfisher Airlines (founded in 2005) suffered huge losses and succumbed to debt ridden death in 2012. The fortunes of Mallya had already started decaying since the global recession of 2008 which saw lofty rises in fuel prices.
In 2016, amidst CBI raids and SBI’s consortium moving to Debt Recovery Tribunal, Mallya, in the month of March, fled to London.&nbsp;
From London, Mallya proposed to return 4000 crore to Indian banks, but his request was rejected. Several cases of money laundering were registered against him and Enforcement Directorate (ED) issued a non-bailable warrant, following which his passport was also revoked.
As per the extradition treaty, Mallya was arrested on India’s request in April 2017 and proceedings against him began. After several hearings, a UK court approved Mallya’s extradition in December, 2018. Responding to which, Mallya filed a petition against the order. After a month, Indian special court declared Mallya a ‘fugitive economic offender’.
In February, 2019, the UK Home Secretary had also ordered Mallya’s extradition. The final nail on the coffin was put by the High Court of England and Wales on April, 2020.

<ins>Final nail on the coffin? Will Mallya be extradited soon?</ins>
Technically it may not be the final nail on the coffin as Vijay Mallya has still one legal option left, that is to appeal to the Supreme Court of UK. He has got 14 days (till May 3, 2020) to place his plea. However, it is unlikely that he will be relieved by the Supreme Court, thus making it nothing more than a legal formality. The Covid-19 crisis might further delay his case hearing by months.
Hence, Mallya might not be extradited in the coming days, but we can expect him to land in India in the coming months.

Extradition Laws in India & Vijay Mallya’s Case

<img src="https://discussion.policharcha.in/1580910180863" alt="Blind law. Legal loopholes. Justice deferred." style="float:none;height: auto;width: auto"/>

The Delhi High Court on 5th February dismissed the Centre’s plea to fast track execution of convicts in the Nirbhaya Case. The court is of the view that all four convicts will be hanged together and not separately.
Justice Suresh Kait, who was hearing the case said, "Delhi Prison Rules do not say that if mercy petition of one convict is pending, the execution of the other convicts can take place."
The HC gave one week’s time to the four remaining convicts to exhaust their legal remedies as a last resort. Further, Centre and Delhi Government have moved the Supreme Court against the HC’s judgement.
Law has always been seen as a tool to provide justice and enable for justice to prevail. Is it always so? Can it actually delay or even restrict justice in some cases?
These are the question that people are asking in the Nirbhaya gang rape and murder case, in which the convicts have been on death row since January, but legal loopholes continue to delay their execution, which is thought to be the only way of providing any justice to the victim and her family.
Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26), and Akshay Kumar (31) were scheduled to be hanged on February 1st, but trial court in Delhi postponed the execution on 31st January till further orders. The court’s rationale behind staying the execution was that all legal remedies were yet to be exhausted. It was the second time this happened. Previously the death-sentence, issued on January 7 for January 22, was stayed, and a second warrant was issued for February 1st.
Both Union and Delhi Government moved Delhi High Court to challenge the trial court’s order. Solicitor General Tushar Mehta, while presenting Centre’s case, said that the convicts are intentionally delaying the hanging. He further commented that the actions of these individuals are disgusting and have shaken the conscience of the society. Such a delay would also have an inhuman effect on society, he added.
On the other side, Vinay, Akshay, and Pawan’s defence counsel, AP Singh argued that existing Jail Rules allow convicts to exercise their legal options.
To understand how these legal options are deferring the due course of law, we need to see the legal processing status of every convict and how it also affects the other convicts.
<ul>
<li>According to Jail Rules, offenders convicted for the same charges can’t be hanged separately. Therefore, we can interpret that the justice will be served when all of them - individually and collectively - have exhausted their legal options.</li>
<li>At this point, Vinay, Akshay, and Pawan have filed a petition against the death warrant. Mukesh has no stalks so he cannot file a petition against his death warrant, but his lawyer filed an application demanding that all culprits involved in the crime should be hanged only when their legal treatment is completed.</li>
<li>Everyone except Pawan, who is yet to go to the Supreme Court, have used curative petition. Curative petition allows the Supreme Court to review and cure gross miscarriage of justice.</li>
<li>Mukesh and Vinay’s mercy petition has been declined by the president. Akshay has filled one, and Pawan is yet to file a mercy petition.</li>
</ul>
<ins>What about the other two convicts?</ins>
<ul>
<li>Ram Singh, who was one of the six perpetrators of crime in the case, committed suicide in the Tihar Jail in 2013.</li>
<li>A juvenile was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term.</li>
<li>In 2017, the Apex Court upheld the capital punishment awarded to the convicts by the Delhi High Court.</li>
</ul>
Legal loopholes have been used by the convicts as a dilatory tactic to delay their execution. Many suggest for legal reforms in India to stop the ‘injustice’, because the law which is considered to be an enabler of Justice has been used to restrict it.
Another school of thought believes that every person, including death row convicts, should be able to pursue their legal remedy and seek redressal of their grievances through procedure established by the law. After all, it is a hallmark of a civil society that operates under the rule of law.
Is it justified to provide every human with the same legal tools as any person gets, for the purpose redressing their grievances, no matter what they have been convicted for?
The decision of the Delhi High Court on the Centre’s plea challenging the stay on the execution of the four convicts will set legal precedents on this matter.&nbsp;&nbsp;