The Bombay High Court has directed fugitive businessman Vijay Mallya to disclose when he will return to India, making it clear that his challenge to the Fugitive Economic Offenders Act will not be heard unless he submits to the Court’s jurisdiction.
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MUMBAI: The Bombay High Court has ruled that fugitive businessman Vijay Mallya cannot challenge the constitutional validity of the Fugitive Economic Offenders Act, 2018, unless he first submits himself to the jurisdiction of Indian courts.
A Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad directed Mallya to file an affidavit disclosing when he intends to return to India, making it clear that his plea questioning the vires of the FEO Act will not be heard otherwise.
“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 Bench observed.
The Court noted that Mallya has also filed a statutory appeal against the order declaring him a fugitive economic offender, which has already been admitted. Observing that both proceedings cannot be pursued simultaneously, the Bench asked Mallya to clarify which petition he wishes to continue.
The judges indicated that allowing multiple proceedings on overlapping issues would amount to an abuse of process.
Appearing for Mallya, Senior Advocate Amit Desai submitted that the financial dispute has effectively come to an end, as banks have already recovered amounts far exceeding the alleged liability.
“The original liability was around ₹6,000 crore, but assets worth nearly ₹14,000 crore have been attached and recovered by the banks,”
Desai told the Court.
He further stated:
“We want to close all these matters and want to discharge our liabilities,”
while emphasising that Mallya continues to enjoy the right to legal representation despite residing outside India.
However, the Bench questioned this position, remarking:
“How does one wipe out criminal liability without submitting to the jurisdiction of the Court?”
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Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), strongly opposed Mallya’s plea and argued that fugitives should not be allowed to challenge the validity of Indian laws while staying beyond the reach of Indian courts.
He submitted that the Fugitive Economic Offenders Act was enacted precisely to prevent such misuse of the legal process.
The Act, he argued, ensures that economic offenders “do not abuse the process of law by remaining outside the country while invoking the jurisdiction of Indian courts through lawyers.”
Mehta also informed the Bench that extradition proceedings against Mallya in the United Kingdom are at an advanced stage and urged that the pendency of the High Court proceedings should not be cited as a defence in UK courts.
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The Bombay High Court adjourned the matter to February 12, granting time to Vijay Mallya to:
- File an affidavit indicating when he proposes to return to India, and
- Decide which of the two pending petitions he intends to pursue.
Case Title:
Vijay Mallya v. Union of India & Ors.
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