Passports lost but Vijay Mallya still in fast lane

New Delhi: The foreign ministry on Sunday revoked Vijay Mallya's diplomatic and regular passports, making it impossible for the liquor baron to travel legally from the UK, where he is believed to be living while the Enforcement Directorate here tries to arrest him. But the revocation of the passports does not automatically mean Mallya's stay in the UK is illegal, because he holds a British residency card, two senior diplomats familiar with UK laws said. Mallya had on Friday responded to a showcause issued by the ministry of external affairs a week earlier asking him why his passports should not be revoked, after he refused to respond to three summons issued by the ED in a bank loan fraud case.

But the foreign ministry indicated it found Mallya's response inadequate, especially after a Mumbai court issued a non-bailable warrant against him under the Prevention of Money Laundering Act (PMLA). "Having considered the replies furnished by Shri Vijay Mallya to the showcause notice, facts brought by the Enforcement Directorate, and non-bailable warrant under the PMLA issued by special judge, Mumbai, MEA revoked the passport of Shri Vijay Mallya," foreign office spokesperson Vikas Swarup said in a statement on Sunday. Mallya held a diplomatic passport because of his membership in the Rajya Sabha. All parliamentarians are eligible for diplomatic passports. Mallya had left for the UK in early March on his diplomatic passport. The ED has asked the foreign office to initiate deportation proceedings against Mallya. The foreign ministry said on Friday it was consulting legal experts before writing to the UK. But officials conceded getting Mallya deported will likely prove very difficult, because the MP has held a residency card in the UK since 1992. A residency card bestows rights on the individual to stay in the UK as a British resident, independent of the passport he holds. A residency card does not lose its validity if the passport used to obtain it lapses for any reason. However, Mallya would need to show both the card and his passport to enter the UK - so without a valid passport he can't leave and re-enter the UK. It is unclear if Mallya also holds a permanent residency card in the UK. Residents for five years are eligible for permanent residency - akin to the "Green Card" issued by the US. The permanent residency card entitles holders to also vote in the UK. The foreign office, however, isn't counting only on the validity of Mallya's stay in the UK while exploring the option of seeking his deportation. Unlike extradition, which requires a legal treaty between two countries and requires a court decision in the country from where the person is to be extradited, deportation is a strictly government-to-government, executive action. But the use of the deportation option also tests India-UK relations more directly than an extradition attempt would.