Bombay High Court asks Vijay Mallya for India return date before hearing his plea against fugitive offenders law

The Bombay High Court on Tuesday directed fugitive businessman Vijay Mallya to state on affidavit when he intends to return to India, before it proceeds to hear his plea challenging the constitutional validity of the Fugitive Economic Offenders (FEO) Act, 2018. [Vijay Mallya v. Union of India & Ors]

A Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made it clear that it would not hear Mallya’s challenge to the vires of the FEO Act unless he first submits himself to the Court’s jurisdiction.

“We have passed this order on an understanding that the petitions challenging the vires of FEO Act should not be heard in the absence of the petition having submitted himself to the jurisdiction of this Court,” the Bench opined.

The judges noted that Mallya had also filed another petition - a statutory appeal against the order declaring him a fugitive. The appeal had been admitted, but not heard yet.

It asserted that both petitions could not run together and asked Mallya to clarify which petition he wants to withdraw.

Appearing for Mallya, Senior Advocate Amit Desai argued that the financial liability had been effectively neutralised. He submitted that while the original liability was ₹6,000 crore, Mallya’s assets worth ₹14,000 crore had been attached and recovered by the banks.

“We want to close all these matters and want to discharge our liabilities,” the lawyer said, asserting that Mallya was entitled to legal representation even while abroad.

“How does one wipe out criminal liability without submitting to the jurisdiction of the Court?” the judges quipped.

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

He emphasised that the FEO Act was to ensure that fugitive offenders do not abuse the process of law and seek to stay away from the country while refusing to submit themselves to the jurisdiction of the Indian courts by simply filing petitions through their lawyers.

He further informed the Court that extradition proceedings against Mallya were at an advanced stage and requested that the pendency of the pleas before the High Court should not be used as a defence in the proceedings in the United Kingdom.

The Court adjourned the matter to February 12, granting time to Mallya to decide about which petition he wants to proceed with.