Court Asks Vijay Mallya to Return Before Hearing Fugitive Offenders Law Plea

The Bombay High Court declined to hear a petition filed by fugitive businessman Vijay Mallya challenging the constitutional validity of the Fugitive Economic Offenders Act (FEO Act), unless he first returns to India and submits to the court’s jurisdiction.

 

Mr. Mallya has filed two separate pleas before the High Court -- one contesting a 2019 special court order declaring him a fugitive economic offender, and another questioning the vires of the FEO Act itself. A Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad held that he cannot pursue both petitions while continuing to remain overseas.

 

Observing that a constitutional challenge cannot be heard in absentia, the Bench directed Mr. Mallya to file an affidavit stating when he intends to return to India. “You will have to indicate a timeline for your return; only then will we hear the petition challenging the validity of the Act,” the court said, adding that he must first submit to its jurisdiction.

 

The judges clarified that while his appeal against the special court’s declaration could proceed even if he stays abroad, the constitutional challenge stood on a different footing. “How can criminal liability be wiped out without submitting to the jurisdiction of the court?” the Bench remarked.

 

Appearing for Mr. Mallya, senior advocate Amit Desai argued that physical presence in India was not a legal requirement for challenging the validity of a statute. He also submitted that his client had cooperated with authorities and that assets worth nearly ₹14,000 crore had already been attached against an alleged liability of around ₹6,000 crore.

 

Opposing the plea, Solicitor General Tushar Mehta, representing the Enforcement Directorate, relied on provisions of the FEO Act that restrict fugitives from contesting proceedings while evading Indian courts. He also pointed out that extradition proceedings against Mr. Mallya in the United Kingdom are at an advanced stage and should not be delayed by such challenges.

 

Mr. Mallya left India in March 2016 amid investigations into alleged loan defaults by Kingfisher Airlines and was declared a fugitive economic offender in January 2019. Enacted in 2018, the FEO Act allows authorities to confiscate the assets of individuals accused of economic offences involving ₹100 crore or more if they refuse to return and face trial.

 

The court has adjourned the matter to February 12, asking Mr. Mallya to clarify whether he will withdraw one of the petitions or specify a date for his return to India.

 

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