Is stage set for Vijay Mallya's return to India?

The Bombay High Court on Tuesday (December 23) 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 Indian jurisdiction.

Mallya, based in the UK since 2016, has filed two petitions in the HC-one challenging an order declaring him a fugitive economic offender and the other questioning the constitutional validity of the 2018 Act.

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The HC posed the question to the 70-year-old liquor baron, wanted in India to face trial on fraud and money laundering charges, while hearing his twin pleas.

ED opposes Mallya's plea

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 that fugitives should not be permitted to challenge the validity of an Act without being subjected to court's of the country.

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

Bench seeks clarity on pleas

The bench said it cannot allow both petitions to proceed simultaneously and asked Mallya to clarify which plea he wants to pursue and which one to withdraw.

Desai told the court that financial liability had been effectively neutralised with assets worth Rs 14,000 crore attached and liabilities worth Rs 6,000 crore recovered by banks.

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The Solicitor General said the fugitive businessman was entitled to legal representation even while staying abroad. However, the bench questioned how criminal liability could be wiped out without submitting to the court’s jurisdiction.

The HC posted the matter for further hearing on February 12, by which time Mallya must inform the court which petition he intends to pursue.

Mallya was declared a Fugitive Economic Offender in January 2019 under the Prevention of Money Laundering Act and has been living abroad since leaving India in March 2016.

(With agency inputs)