SC Dismisses Vijay Mallya’s Plea Against Proceedings To Declare Him Fugitive Economic Offender

The SC on Friday dismissed a plea by businessman Vijay Mallya challenging the proceedings in a Mumbai court to declare him a fugitive economic offender.

New Delhi: In yet another legal loss, the Supreme Court on Friday dismissed a plea by businessman Vijay Mallya challenging the proceedings in a Mumbai court to declare him a fugitive economic offender and confiscate his properties, reported news agency PTI. 

The apex court dismissed the petition for non-prosecution after Mallya’s counsel submitted that he was not getting any instructions from the petitioner in the case. 

“The counsel for petitioner states that the petitioner is not giving any instructions to the advocate for the petitioner. In view of this statement, the petition is dismissed for non-prosecution,” a bench of Justices Abhay S Oka and Rajesh Bindal said, as quoted by PTI. 

The top court had refused to stay the proceedings on ED’s plea before a special Prevention of Money Laundering Act (PMLA) court at Mumbai seeking the ‘fugitive’ tag for him under the Fugitive Economic Offenders’ Act, 2018, reported PTI. 

Notably, the PMLA court had declared Mallya a ‘fugitive’ under the Act on January 5, 2019. 

As per the provisions of the Act, once a person is declared a fugitive economic offender, the prosecuting agency has the power to confiscate his property. 

Vijay Mallya is wanted in India over default of Rs 9,000 crore that was loaned to Kingfisher Airlines (KFA) by several banks. He fled to the United Kingdom in March 2016. 

According to PTI, he moved the Supreme Court in 2018 challenging the Bombay High Court order which dismissed his plea seeking a stay on the proceedings before a special PMLA court in Mumbai on the ED's plea to declare him a fugitive economic offender under the new law. 

"The application has been filed at the threshold and at a very premature stage when the lower court is still hearing the prosecuting agency's request to declare him (Mallya) a fugitive economic offender," the high court had said, as quoted by PTI. 

In a separate case, the top court had on July 11, 2022 sentenced Mallya to four months in jail for contempt of court and directed the Centre to secure his presence. 

The apex court had said that Mallya never showed any remorse nor tendered any apology for his conduct and adequate punishment must be imposed to maintain the majesty of the law.