While hearing his pleas, HC asked Mallya, who is wanted in India to face trial on fraud and money laundering charges, about his return. The bench made it clear to Mallya’s counsel that it will not hear the plea against the Act unless the businessman first submits to the court’s jurisdiction
Vijay Mallya was declared a Fugitive Economic Offender in January 2019 by a special court. File pic
The Bombay High Court (HC) on Tuesday made it clear to fugitive businessman Vijay Mallya that it will not hear his challenge to the Fugitive Economic Offenders (FEO) Act unless he submits to Indian jurisdiction, news agency PTI reported.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad also questioned when the businessman, based in the United Kingdom (UK) since 2016, plans to return to India.
Mallya, 70, has filed two petitions in HC— one challenging the order declaring him a Fugitive Economic Offender, and the other questioning the constitutional validity of the 2018 Act, PTI reported.
While hearing the twin pleas, the court asked Mallya, who is wanted in India to face trial on fraud and money laundering charges, about his return. The bench made it clear to Mallya’s counsel, Amit Desai, that it will not hear the plea against the Act unless the businessman first submits to the court’s jurisdiction.
Solicitor General Tushar Mehta, representing the Enforcement Directorate (ED), opposed the petitions, arguing that fugitives should not be allowed to challenge the validity of an Act while staying outside the country, PTI reported. He said the FEO Act was enacted to prevent such individuals from abusing the law by remaining abroad and filing petitions through lawyers.
Mehta also informed the court that extradition proceedings against Mallya are at an advanced stage.
Next hearing in Bombay HC on February 12
The bench noted that it cannot allow both petitions filed by Mallya to proceed simultaneously and asked him to clarify which plea he wishes to pursue and which one to withdraw.
Desai argued that Mallya’s financial liability had been largely addressed, with assets worth Rs 14,000 crore attached and liabilities of Rs 6,000 crore recovered by lending banks.
The Solicitor General maintained that Mallya was entitled to legal representation even while staying abroad. However, the bench questioned how one could wipe out criminal liability without submitting to the jurisdiction of the court.
The court posted the matter for further hearing on February 12, by which date Mallya will have to inform the court which petition he intends to proceed with.
Mallya was declared a Fugitive Economic Offender in January 2019 by a special court under the Prevention of Money Laundering Act (PMLA). The businessman, accused of defaulting on multiple loans and facing money laundering charges, left India in March 2016.
(With PTI inputs)
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