MLAT, the 21-year-old treaty that could bring Vijay Mallya back to India

Indian government has tried several methods to bring loan defaulter Vijay Mallya back to India, but to no avail. This forced the Enforcement Directorate to think of a 21-year-old treaty, called Mutual Legal Assistance Treaty (MLAT) to bring him back.

As per an ET report, ED has written to Ministry of External Affairs (MEA), asking for MLAT to be invoked, hoping that the treaty can be used to bring Mallya back.

It was only a few days back that CBI has registered a fresh case against Mallya for allegedly cheating several Indian banks of Rs 6,027 crore.

The 1995 MLAT allows countries to seek "transfer of persons, including persons in custody, for the purpose of assisting in investigations or giving evidence in proceedings".

Here is why India is forced to use MLAT to bring Mallya back:

a) Mallya cannot be deported under UK laws because under the 1971 Immigration Act, UK does not require an individual to hold a valid passport in order to remain in the country. That means, Mallya can legally stay in Britain if his passport was valid when he entered the country. He left India on March 2 and the Indian government revoked his passport only after that, which means his passport was valid when he entered the UK.

b) Extradition is possible only if Mallya is recognised as a criminal by both countries.

c) Mallya can challenge India's extradition move in UK courts.

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