Bombay HC Asks Vijay Mallya To Disclose Return Plan; ED Says Extradition At Advanced Stage

Mumbai, Dec 23: The Bombay High Court on Tuesday directed fugitive businessman Vijay Mallya to state on affidavit when he intends to return to India, even as the Directorate of Enforcement (ED) informed that extradition proceedings against Mallya were at an advanced stage.

Challenge To FEO Act Taken Up

The direction was issued by a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad while hearing Mallya’s plea challenging the constitutional validity (vires) of the Fugitive Economic Offender (FEO) Act, 2018.

Court Questions Jurisdiction Submission

The bench stated that it would not hear Mallya’s plea unless he submits himself to the jurisdiction of the concerned court.

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

Parallel Petitions Flagged

Mallya’s counsel Amit Desai informed the bench that the businessman has filed another petition challenging the order of the court declaring him a fugitive. The appeal has been admitted by the High Court but has not come up for hearing.

The court remarked that both the petitions cannot run together and that Mallya will have to withdraw one of the petitions.

Assets Recovery Argument Raised

Desai emphasised that Mallya’s liability was Rs 6,000 crore; however, his assets amounting to Rs 14,000 crore have been attached and recovered by the banks. “There has been significant recovery… It shows all liabilities have been more than fully discharged,” Desai submitted.

The senior counsel further emphasised that the businessman wants to close all legal matters and discharge all liabilities, and has made representations to the authorities for the same. “Even if one is outside the country, one is entitled to legal representation,” Desai added.

Court And ED Push Back

To this, the bench remarked, “How does one wipe out criminal liability without submitting to the jurisdiction of the Court?”

Solicitor General Tushar Mehta, representing the Directorate of Enforcement (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 submitted that there are many fugitives and they are celebrating their birthdays. “Nobody can legally object to celebrations, but they are mocking our nation. This is unacceptable,” Mehta added.

Extradition At Advanced Stage

The FEO Act is meant to ensure that fugitive offenders do not abuse the process of law by refusing to submit themselves to the jurisdiction of Indian courts.

Mehta stated that extradition proceedings against Mallya were at an “advanced stage” and urged that the businessman should not use the pendency of petitions before the High Court as a defence in the extradition proceedings before the UK court.

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The High Court has kept the matter for further hearing on February 12, by when Mallya has been asked to inform which petitions he wants to pursue and which he wants to withdraw.

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