The Bombay High Court delivered a stern message to fugitive businessman Vijay Mallya on Tuesday, stating it will not entertain his legal challenges until he physically returns to India and submits to the court's authority. The court was hearing two petitions filed by Mallya, who has been living in the United Kingdom since 2016.
Court's Firm Stand: No Hearing from Abroad
A division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad directly questioned Mallya's plans to return. They informed his lawyer, Amit Desai, that the court's doors are closed for these arguments as long as Mallya remains abroad. The judges insisted that the 70-year-old former liquor tycoon, facing serious fraud and money laundering charges, must appear in person before his complaints are considered.
The bench further instructed Mallya to choose one of his two petitions to proceed with and withdraw the other. The first plea seeks to quash the order declaring him a "fugitive economic offender," while the second challenges the constitutional validity of the 2018 Fugitive Economic Offenders (FEO) Act itself. The next hearing is scheduled for 12 February, by which date Mallya must inform the court of his chosen legal challenge.
Enforcement Directorate's Strong Opposition
Representing the Enforcement Directorate (ED), Solicitor General Tushar Mehta vehemently opposed Mallya's petitions. He argued that individuals who flee the country should not be permitted to contest the validity of Indian laws through lawyers while evading justice. Mehta emphasized that the FEO Act was specifically designed to prevent such scenarios, where an accused avoids trial while simultaneously leveraging the legal system.
Mehta also informed the court that the process to extradite Mallya back to India is in its final stages. Countering the defense's claim that Mallya's financial debts were largely settled, the judges questioned how criminal charges could be resolved if the accused refuses to stand before a judge. The ED's case relates to a massive bank loan fraud.
₹300 Crore Relief for Kingfisher Airlines' Ex-Employees
In a related development, the Enforcement Directorate announced on 18 December that it had facilitated the recovery of over ₹300 crore to pay the long-pending salaries of former Kingfisher Airlines employees. This recovery was enabled by a 12 December order from the Debts Recovery Tribunal (DRT) in Chennai.
The tribunal directed the release of funds generated from the sale of company shares, which were earlier seized by the ED under the Prevention of Money Laundering Act and given to the State Bank of India (SBI). The total amount of ₹311.67 crore will be transferred to an official liquidator for final distribution to the waiting former staffers. This payout is being made from a pool of assets seized by the ED in connection with the fraud case.
Vijay Mallya left India in March 2016 after being accused of defaulting on massive loans and was officially declared a Fugitive Economic Offender in early 2019.
