When do you intend to return to India? HC asks Vijay Mallya on his pleas against fugitive tag

The Bombay High Court on Tuesday asked fugitive businessman Vijay Mallya when he intends to return to India and told his counsel it would not hear his plea against the Fugitive Economic Offenders Act unless he first submits himself to the HC jurisdiction. Mallya, based in the UK since 2016, has filed two petitions in the HC — one challenging an order declaring him as a fugitive economic offender and the other questioning the constitutional validity of the 2018 Act.

The HC posed the question to the 70-year-old liquor baron, wanted in India to face trial on fraud and money laundering charges, on his return home, while hearing his twin pleas. A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made it clear to the embattled businessman’s counsel Amit Desai, that it would not hear Mallya’s plea against the Act unless he first submits himself to the court’s jurisdiction.

Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), opposed the pleas, arguing fugitives should not be permitted to challenge the validity of an Act without being subjected to the courts of the country.

He submitted to the court that the FEO Act was brought to ensure such persons do not abuse the law by staying away from the country and filing petitions through their lawyers. Mehta told the court that extradition proceedings initiated against Mallya were at an advanced stage.

The bench insisted it cannot allow both petitions filed by Mallya to run together and asked the promoter of the now-defunct Kingfisher Airlines to clarify which plea he wants to press and which one to withdraw. Desai told the court that financial liability had been effectively neutralised with Mallya’s assets worth Rs 14,000 crore attached and liabilities worth Rs 6,000 crore recovered by lending banks.

The Solicitor General maintained the fugitive businessman was entitled to legal representation even while staying abroad. The bench, however, questioned as to how does one wipes out criminal liability without submitting to the jurisdiction of the court.

The HC posted the matter for further hearing on February 12, by when Mallya will have to inform the court about which petition he wants to proceed with.

Mallya was declared a Fugitive Economic Offender in January 2019 by a special court hearing cases under the Prevention of Money Laundering Act (PMLA).

The businessman, accused of defaulting on multiple loan repayments and facing money laundering charges, left India in March 2016.