The submission was made before Chief Metropolitan Magistrate Sumit Dass in the backdrop of Mallya’s claim that he wanted to return to India but was “incapacitated” to travel as his passport had been revoked by Indian authorities.
The court had earlier asked the liquor baron to appear before it in a case of allegedly evading summons in a FERA violation matter.
Advocate N K Matta, appearing for the ED, also told the court that under the provisions of law, Mallya can be given travel documents, even if he has no passport.
The ED counsel also opposed Mallya’s plea seeking exemption from personal appearance on the ground of lack of passport.
“The conduct of the accused shows that he has no intention to come to India. His passport was impounded because of his own conduct. There are provisions in law and he can approach the authorities for travel document in case of emergency, if he has no passport.
“He has no intention to come,” Matta said.
After the submission, senior advocate Ramesh Gupta, appearing for Mallya, sought time from the court. “Give me (Mallya) some time so that I can approach the authorities for such a document,” he said.
The court has now put up the matter for further hearing on November 4.
Mallya, who is currently in London, made the submission through his counsel on September 9, saying he wanted to come back to India but was “incapacitated” to travel despite “best intentions” as his passport had been revoked.
On July 9, the court had cancelled the exemption from personal appearance granted to Mallya and directed him to appear before it on September 9.
On September 9, Mallya’s counsel moved an application seeking exemption for Mallya from personal appearance for the day after which the court had sought ED’s reply on his plea while posting the matter for today.