Vijay Mallya Asked to Return to India Before Bombay High Court Hearing

The Bombay High Court has made it clear that Vijay Mallya must first state when he plans to return to India before his petition challenging the Fugitive Economic Offenders Act can be considered.

The court was hearing petitions filed by businessman Vijay Mallya, who is currently living outside India. The bench questioned how a person staying abroad and avoiding Indian legal proceedings could challenge the constitutional validity of a law meant for fugitive economic offenders.

The court said Mallya would need to file an affidavit clearly mentioning when he intends to return to India. It also indicated that his petitions could not simply continue while he remained outside the country and beyond the reach of Indian criminal proceedings.

The matter also came up in the context of Mallya’s extradition proceedings in the United Kingdom. Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, told the court that the extradition process had reached its final stage. He argued that Section 14 of the Fugitive Economic Offenders Act places restrictions on fugitives who do not cooperate with legal proceedings but approach Indian courts.

The High Court also noted that the two separate petitions filed by Mallya could not be taken up together in the present circumstances. The bench indicated that returning to India could provide a way forward for addressing the legal issues raised by him.

The court has now given Mallya a choice. He can either withdraw the petition or provide a clear timeline for his return to India. The hearing has been adjourned for the next stage of the proceedings.