Can't return as passport is revoked, says Mallya

Liquor baron Vijay Mallya’s counsel told a local court on Friday that Mallya wants to return to India, but is unable to do so as his passport has been revoked. This was conveyed to Chief Metropolitan Magistrate Sumit Dass by senior advocate Ramesh Gupta during a hearing on a case for evading summons in a Foreign Exchange Regulation Act (Fera) violation issue involving Mallya.

The court had on July 9 cancelled the exemption given to Mallya from personal appearance. In his application, Mallya has requested for more time to appear before the court. The email sent by Mallya to the Enforcement Directorate (ED) seeking more time was also presented to the court. Mallya said that his passport was suspended on April 23, 2016, without hearing him.

The ED said that Mallya is already evading proceedings in other cases too and sought time to reply to the plea moved by him. The court will now hear the case on October 4. Sources said any person whose passport has been revoked pending criminal investigation can approach the Indian High Commission or embassy in the country they are in and get obtain an “emergency or alternative travel document” to travel back to India.

The provision is mentioned under Section 4 (2)(a) of the Passport Act. The court had granted Mallya exemption in December 2000 after ED filed the case for evading the summons, which was issued in connection with payment of $ 200,000 to a British firm for displaying the Kingfisher logo in Formula One World Championships in London and some European countries in 1996, 1997 and 1998.The payment was made without the prior approval of the Reserve Bank of India, which is a violation of Fera norms.

According to ED, Mallya was summoned earlier on four occasions for questioning in connection with the contract signed in December 1995 with London-based Benetton Formula Ltd for promotion of the Kingfisher brand abroad. Mallya failed to appear before ED following which a case was filed in the court on March 8, 2000.