Bombay HC Tells Mallya: Return to India Before We Hear Your Plea
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The Bombay High Court has made it clear that it will not entertain liquor baron Vijay Mallya's petition challenging the Fugitive Economic Offenders Act (FEOA) until he returns to India. Mallya, who fled the country in 2016, is accused of defrauding nationalised banks to the tune of crores of rupees. He is facing proceedings under the FEOA, which was enacted in 2018, and has filed a petition seeking a declaration that the law is unconstitutional. However, the Enforcement Directorate (ED) has opposed Mallya's plea, saying that he cannot seek protection while continuing to evade summons to come to India. The ED has also alleged that Mallya had formed a complex web structure of his group companies to indirectly control and alienate assets to repay loans. The court has posted Mallya's petition and connected pleas for further hearing on December 23. Mallya's lawyer, Amit Desai, was told to take instructions on when his client would return to India. The ED has sought a declaration that all orders, including those for the confiscation of Mallya's properties, under the FEOA be made subject to the outcome of the pending petition. The ED has also urged the court to dismiss Mallya's plea with exemplary cost and uphold the proceedings before the special court under FEOA, declaring Mallya as a Fugitive Economic Offender. The estimated proceeds of crime generated in the 2016 complaint were to the tune of ₹1,301 crore, and that of property involved in money laundering was found to be of ₹9,990 crore, including the share of IDBI Bank. The debt recovery tribunal in January 2017 charged Kingfisher Airlines ₹ 6,203 crore, with interest of 11.50% per annum. Mallya was declared a proclaimed offender in November 2016, and a non-bailable warrant was issued against him. The special court issued a fresh NBW against Mallya in July 2017, and directed him to remain present before the court on August 8, 2017, and on July 30, 2018. However, the warrants remained unexecuted as Mallya failed to return to India to avoid facing criminal prosecution.
