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Will Vijay Mallya return to India? Bombay High Court gives ultimatum to businessman
It said it would not hear the plea against the Act unless the businessman submits himself to the court’s jurisdiction.
The Bombay High Court on Tuesday asked businessman Vijay Mallya to clarify when he intends to return to India, making it clear that it would not hear his challenge to the Fugitive Economic Offenders Act unless he first submits to the court’s jurisdiction.
Mallya, who has been based in the UK since 2016, has moved two petitions before the high court: one challenging the order declaring him a fugitive economic offender and the other questioning the constitutional validity of the 2018 law, PTI reported.
The court raised the issue of his return while hearing the pleas of the 70-year-old liquor baron, who is wanted in India to face trial on charges of fraud and money laundering.
HT had earlier reported on December 5 that the Bombay High Court would hear Vijay Mallya’s challenge to the Fugitive Economic Offences Act, 2018, only after he returns to India.
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What did the High Court say on Mallya?
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad told Mallya’s counsel, Amit Desai, that it would not hear the plea against the Act unless the businessman submits himself to the court’s jurisdiction.
Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, opposed the petitions, arguing that fugitives should not be allowed to challenge the validity of a law without subjecting themselves to Indian courts.
Mehta submitted that the Fugitive Economic Offenders Act was enacted to prevent accused persons from abusing the legal process by remaining abroad and filing petitions through lawyers.
He also told the court that extradition proceedings against Mallya were at an advanced stage.
The bench said it could not permit both petitions to run simultaneously and asked Mallya, promoter of the now-defunct Kingfisher Airlines, to indicate which plea he wished to pursue and which one he would withdraw.
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Lawyer informs the court
Desai informed the court that Mallya’s financial liability had been effectively neutralised, with assets worth ₹14,000 crore attached and ₹6,000 crore recovered by lending banks.
The Solicitor General maintained that the fugitive businessman was entitled to legal representation even while staying abroad. The bench, however, questioned how criminal liability could be wiped out without submitting to the court’s jurisdiction.
The high court posted the matter for further hearing on February 12, by which date Mallya must inform the court which petition he intends to proceed with.
Mallya was declared a fugitive economic offender in January 2019 by a special court under the Prevention of Money Laundering Act. He is accused of defaulting on multiple loan repayments and left India in March 2016.
