Former liquor baron Vijay Mallya has told the Bombay High Court that he is unable to indicate when he will return to India, stating that court orders passed in England currently prevent him from leaving the country.
Appearing before the court through counsel on Wednesday, Mallya informed the bench that restrictions imposed by UK courts bar his travel while legal proceedings against him continue overseas, reported News18.
The submission comes in response to the High Court’s earlier observation that it would not proceed with hearing his petitions unless he physically returns to India.
Court Seeks Clarity On Willingness To Return
A division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad reiterated that Mallya must clearly state whether he is willing to come back to India before the court considers his plea.
“You (Mallya) have to come back…if you cannot come back then we cannot hear this plea,” the court said.
The bench emphasised that participation in Indian legal proceedings cannot be selective, particularly in matters concerning serious allegations. It observed that unless Mallya clarifies his intent to return, the court may be unable to entertain his challenge.
While the court stopped short of dismissing his petitions outright, it made clear that further leniency would depend on a categorical response from him.
“We may have to record that you are avoiding the process of the court. You cannot take advantage of the proceedings. In all fairness to you, we are not dismissing the petition but giving you another opportunity,” the bench observed.
Challenge To Fugitive Economic Offenders Act
Mallya, 70, has been residing in the United Kingdom since 2016. He has filed two petitions before the Bombay High Court, one challenging the order declaring him a fugitive economic offender and another questioning the constitutional validity of the Fugitive Economic Offenders (FEO) Act, 2018.
The FEO Act allows Indian authorities to confiscate properties of individuals declared fugitive economic offenders and restricts them from pursuing civil claims in Indian courts unless they submit to jurisdiction.
Mallya has argued that he is entitled to be heard without being physically present in India. However, the bench indicated that such a position would first need to be formally stated in an affidavit.
“When will you come? You (Mallya) have already argued that you are entitled to a hearing without your physical presence in a court of law. But first file an affidavit clearly stating so,” Chief Justice Chandrashekhar said.
The matter has now been posted for further hearing on February 18, with the court granting Mallya what it termed a final opportunity to clarify his stand.
Proceedings In The UK Continue
In his submission, Mallya cited ongoing legal proceedings in the United Kingdom as the reason for his inability to travel. According to his counsel, the court-imposed conditions there restrict his movement outside the country.
Mallya faces multiple cases in India, including charges related to fraud and money laundering. Indian authorities have been pursuing his extradition for several years.
