Return First, Then Litigate: Bombay HC Denies Relief To Fugitive Vijay Mallya

One seeks to set aside the order declaring him a fugitive economic offender, while the other challenges the constitutional validity of the Fugitive Economic Offenders Act, 2018.

These shares had earlier been attached by the ED under the Prevention of Money Laundering Act and transferred to the State Bank of India.

Source : ABPLIVE AI

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Key points generated by AI, verified by newsroom

• Bombay High Court questions Vijay Mallya's return to India.
• Court will not hear Mallya's pleas unless he appears.
• ED opposes pleas, citing FEO Act purpose and extradition.

The Bombay High Court on Tuesday directly questioned fugitive businessman Vijay Mallya on whether he intends to return to India, making it clear that his legal challenges will not be heard unless he places himself under the court’s jurisdiction. The court told Mallya’s legal team that it would not entertain his plea against the Fugitive Economic Offenders (FEO) Act unless he physically returns to the country.

Mallya, who has been residing in the United Kingdom since 2016, has moved two petitions before the high court. One seeks to set aside the order declaring him a fugitive economic offender, while the other challenges the constitutional validity of the Fugitive Economic Offenders Act, 2018.

Bench: Court Doors Closed Until Accused Appears

A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad conveyed to senior advocate Amit Desai, appearing for Mallya, that the court’s doors are not open to such arguments as long as the businessman remains overseas. The judges stressed that the 70-year-old former liquor baron, who faces allegations of fraud and money laundering, must first appear in person before the court can examine his pleas.

ED Opposes Petitions, Cites Purpose of FEO Act

Opposing the petitions, Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), argued that individuals who flee the country should not be permitted to question the validity of Indian laws through counsel while evading the justice system.

Mehta submitted that the FEO Act was enacted precisely to prevent accused persons from avoiding trial while simultaneously using legal remedies to their advantage. He also informed the court that efforts to extradite Mallya to India are currently at a final stage.

Court Bars Parallel Proceedings

The high court further noted that Mallya would not be allowed to pursue both petitions simultaneously. The bench directed him to choose one plea to proceed with and withdraw the other.

Defence Cites Asset Recovery, Court Remains Unconvinced

In response, Mallya’s counsel argued that his client’s financial liabilities had largely been addressed. He pointed out that assets worth ₹14,000 crore have been attached by the government and that banks have already recovered ₹6,000 crore of the dues.

The bench, however, remained firm, questioning how criminal proceedings could be resolved if the accused continued to stay away from the court’s authority.

Next Hearing on February 12

The high court has scheduled the next hearing for February 12. By then, Mallya must formally inform the court which of the two petitions he intends to pursue. Mallya left India in March 2016 amid allegations of defaulting on large bank loans and was declared a fugitive economic offender in early 2019.

ED Restores Rs 300 Crore for Former Kingfisher Employees

Separately, on December 18, the Enforcement Directorate said it had restored over Rs 300 crore to clear long-pending salary dues of former employees of the now-defunct Kingfisher Airlines.

The recovery followed a December 12 order of the Debts Recovery Tribunal (DRT) in Chennai, which directed the release of proceeds from the sale of company shares. These shares had earlier been attached by the ED under the Prevention of Money Laundering Act and transferred to the State Bank of India.

The amount, totalling Rs 311.67 crore, will be transferred to an official liquidator, who will oversee the distribution of funds to former employees awaiting payment for years.

The ED had initiated proceedings against Kingfisher Airlines and Vijay Mallya in connection with a major bank loan fraud case, and the current disbursement is being made from the pool of seized assets created as part of that action.