The Bombay High Court on Tuesday directed businessman Vijay Mallya to clarify when he plans to return to India, stating clearly that it would not entertain his challenge to the Fugitive Economic Offenders Act unless he first submits to the court’s jurisdiction.
Mallya, who has been living in the UK since 2016, has filed two petitions before the high court: one contesting the order declaring him a fugitive economic offender and another questioning the constitutional validity of the 2018 law, PTI reported.
The court raised the question of his return while hearing the petitions of the 70-year-old liquor baron, who is wanted in India to stand 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.
What did the High Court say on Mallya?
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad told Mallya’s lawyer, Amit Desai, that it would not hear the petition against the Act unless the businessman submits himself to the court’s jurisdiction.
Solicitor General Tushar Mehta, representing the Enforcement Directorate, objected to the petitions, contending that fugitives should not be permitted to challenge the validity of a law without subjecting themselves to Indian courts.
Mehta argued that the Fugitive Economic Offenders Act was enacted to prevent accused individuals from misusing the legal process by staying abroad and filing petitions through lawyers. He also informed the court that extradition proceedings against Mallya were at an advanced stage.
The bench stated it could not allow both petitions to proceed simultaneously and asked Mallya, the promoter of the now-defunct Kingfisher Airlines, to indicate which plea he wished to pursue and which one he would withdraw.
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 remaining abroad. The bench, however, questioned how criminal liability could be eliminated without submitting to the court’s jurisdiction.
The high court scheduled the matter for further hearing on February 12, by which date Mallya must inform the court which petition he intends to pursue.
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.