'When Do You Intend To Return?': Bombay HC Asks Vijay Mallya On His Plea Challenging Fugitive Tag

Vijay Mallya Case: The Bombay High Court on Tuesday asked fugitive businessman Vijay Mallya when he intends to return to India, further clarifying that his pleas will not be entertained unless he produces himself before the court. A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad asserted that the court will not hear his plea against the Fugitive Economic Offenders Act unless he submits himself. Mallya, who has been living in the UK since 2016, has also challenged the constitutional validity of the 2018 Act. While his lawyer stated that the accused was entitled to legal representation even while abroad, the court persisted in its stand.

After listening to the arguments from both sides, the bench clarified that while Mallya is entitled to be represented, he must present himself to the jurisdiction of the court. “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 stated, reported the Bar and Bench.

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Appearing for Mallya, senior advocate Amit Desai stated that the businessman has offered to help the authorities in the investigation, adding that his client wanted to "close all the matters". He emphasised that while the original liability was Rs 6,000 crore, the banks have already attached Mallya's properties worth Rs 14,000 crore. “We want to close all these matters and want to discharge our liabilities,” the lawyer asserted.

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However, the court stated that the criminal liability could not be wiped out without his presence. “How does one wipe out criminal liability without submitting to the jurisdiction of the Court?” the judges asked. Appearing for the Enforcement Directorate (ED), Solicitor General Tushar Mehta opposed his pleas by stating that the court must ensure Mallya's presence before entertaining his pleas.