Extradition proceedings against Vijay Mallya at advanced stage: Centre to HC

Solicitor-general Tushar Mehta along with additional solicitors-general SV Raju and Anil Singh informed the court that extradition proceedings have been initiated against Mallya in England and the proceedings were at an advanced stage

MUMBAI: The central government on Tuesday told the Bombay High Court that the extradition proceedings against liquor baron Vijay Mallya are at an advanced stage.

The central government on Tuesday told the Bombay High Court that the extradition proceedings against liquor baron Vijay Mallya are at an advanced stage. (Hindustan Times)

Solicitor-general Tushar Mehta along with additional solicitors-general SV Raju and Anil Singh informed the court that extradition proceedings have been initiated against Mallya in England and the proceedings were at an advanced stage.

They also expressed apprehension that Mallya may use his petition pending before the high court to delay the extradition process underway in courts in the United Kingdom.

Mehta was responding to a petition filed by the fugitive liquor baron, challenging the constitutional validity of the Fugitive Economic Offenders (FEO) Act, 2018. Mallya has also challenged before the high court the special Prevention of Money Laundering Act (PMLA) court order dated January 5, 2019, declaring him a FEO.

On Tuesday, when the petitions came up for hearing, the division bench of chief justice Shree Chandrashekhar and justice Gautam Akhand refused to hear Mallya’s challenge to the constitutional validity of the FEO Act, unless he returns to India and submits to the jurisdiction of the courts in India. The court then asked Mallya’s counsel to file an affidavit declaring when he plans to return to the country.

The judges, however, made it clear that they would hear his petition questioning the special court order declaring him an FEO, but not his constitutional challenge to the FEO Act, unless he submits himself to the jurisdiction of courts in India. “We can permit you to challenge any order passed under the (FEO) Act, in your absence, but cannot allow you to challenge the vires (constitutional validity) of the (FEO) Act,” the judges said.

The court has posted the petition for further hearing to February 12, 2026.

Mallya is accused of massive loan frauds. He is also accused of siphoning large sums of money and parking them in jurisdictions outside India to circumvent the law. He fled the country in March 2016, around a year after the Central Bureau of Investigation (CBI) registered the first criminal case against him in connection with loans taken by Mallya’s Kingfisher Airlines Ltd, from a consortium of banks.

According to the ED, Mallya is residing in London and, following requests made by the Indian government, was arrested in London in October, 2017 by the Scotland Yard police.

After a round of litigation before the Westminster’s Court in London, the UK home minister approved the liquor baron’s extradition to India in February 2019. Thereafter, Mallya challenged the order before the UK High Court, which rejected his plea in February 2020 and, three months later, also refused him leave to appeal before the UK Supreme Court.

As stated by the ED in its affidavit before the Bombay High Court, the UK home secretary has, however, kept his extradition abeyance on account of a confidential legal issue.