When do you intend to return to India? Bombay HC asks Vijay Mallya on his pleas against fugitive tag

Mumbai: In a significant development involving the bunch of cases against Vijay Mallya, the Bombay High Court on Tuesday asked the fugitive businessman to state on affidavit when he intends to return to India, before it proceeds to hear his plea challenging the constitutional validity of the Fugitive Economic Offenders (FEO) Act, 2018.

Mallya had filed two petitions - one challenging an order declaring him as a FEO and the other questioning the constitutional validity of the FEO Act.

“Let us be very clear, both these petitions will not run together. You will have to withdraw either one. Also, you will have to make a statement as to when will you return to India only then we will hear the petition challenging the vires of the FEO Act,” observed a division bench of the Bombay High Court comprising Justice Shree Chandrashekhar, the Chief Justice and Justice Gautam Ankhad.

“We can permit you to challenge any order passed against you under the Act, in your absence. But we cannot let you challenge the vires, without submitting to the jurisdiction of this court,” the court said on the petition challenging the legal authority of the act.

Senior Advocate Amit Desai, who appeared for Mallya, told the HC that the financial liability had been effectively neutralised with the businessman’s assets worth Rs 14,000 crore attached and liabilities worth Rs 6,000 crore recovered by lending banks.

Solicitor General Tushar Mehta, appearing for Enforcement Directorate (ED), strongly opposed the plea, arguing that fugitives should not be permitted to challenge the vires of an Act without being subjected to the courts of the country.

The bench posted the matter for further hearing on February 12 by when Mallya will have to inform the court about which petition he wants to proceed with.