Mumbai: The Bombay High Court, on Tuesday, refused to hear a plea by fugitive businessman Vijay Mallya till he submits himself to the court’s jurisdiction.
The Court asked Mallya’s counsel when he intends to return to India and observed that it would not hear his plea against the Fugitive Economic Offenders (FEO) Act unless he first submits himself to the HC jurisdiction, as reported by PTI.
Mallya, who has been living in the UK since 2016, has filed two petitions in the HC — one challenging an order declaring him as a fugitive economic offender and the other questioning the constitutional validity of the 2018 Act.
The 70-year-old former liquor baron is wanted in India for alleged fraud and money laundering.
The bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made it clear to the 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.
Opposing the pleas, Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), submitted that fugitives should not be permitted to challenge the validity of an Act without being subjected to courts of the country.
The FEO Act was brought to ensure such persons do not abuse the law by staying away from the country and filing petitions through their lawyers, Mehta added.
The SG told the court that extradition proceedings initiated against Mallya were at an advanced stage.
The bench insisted it cannot allow both petitions filed by Mallya to run together and asked the promoter of the now-defunct Kingfisher Airlines to clarify which plea he wants to press and which one to withdraw.
Desai informed the court that financial liability had been effectively neutralised with Mallya’s assets worth Rs 14,000 crore attached and liabilities worth Rs 6,000 crore recovered by lending banks, as reported by the news agency.
The SG maintained that the fugitive businessman was entitled to legal representation even while staying abroad.
The bench, however, questioned as to how one can wipe out criminal liability without submitting to the jurisdiction of the court.
The HC posted the matter for further hearing on February 12 by when Mallya will have to inform the court about which petition he wants to proceed with.
Mallya was declared a Fugitive Economic Offender in January 2019 by a special court hearing cases under the Prevention of Money Laundering Act (PMLA).
The businessman, accused of defaulting on multiple loan repayments and facing money laundering charges, left India in March 2016.
