'Like a dead wall': SC says on confidential proceedings delaying Mallya extradition, reserves order on sentence

The bench clarified that if Mallya is not present in the hearing, then the matter will be taken to its logical conclusion

The Supreme Court on Thursday reserved order on the quantum of sentence against fugitive-businessman Vijay Mallya in a contempt case over non-disclosure of assets in a plea filed by the SBI-led consortium of banks for recovery of over Rs 9,000 crore.

A bench of Justice U U Lalit, S Ravindra Bhat and P S Narasimha, which wrapped the hearing, gave a chance to Mallya's counsel to file the written submissions, even as he told the court that he had nothing to say on merit.

Senior advocate Jaideep Gupta, acting as amicus curiae, submitted that the court has given several chances for Mallya to appear.

Also Read: 66.91% of total loss caused by Vijay Mallya, Nirav Modi, Mehul Choksi returned to banks, Centre tells SC

The bench also took into consideration a submission by the Ministry of Home Affairs that the UK Home Office has intimated there is a further legal issue that needs to be resolved before Mallya's extradition can take place and this issue is outside and apart from the extradition process having effect under the UK law.

"They said there are proceedings in the UK. It’s like a dead wall, something is pending we don’t know. How long can we go on so far as our jurisdictional power is concerned,” the bench said.

The court also noted Mallya is not in anyone’s custody and he is a free citizen in the UK. “The only reason perhaps, is there’s a proceeding which is pending, which will decide if a person is to be extradited," the court added.

On February 10, the top court gave final opportunity to Mallya, seeking his appearance, before it pronounced sentence in contempt case filed by banks, in which he was found guilty on May 9, 2017.

The top court said that punishment has to be imposed on Mallya. It added that going by normal logic the contemnor has to be heard, but he has not appeared before the court so far.

"This cannot become a gateway for courts of first instance to adopt this method, and it has to be specifically mentioned that circumstances in the present case were extraordinary," it said.

Solicitor General Tushar Mehta clarified that it was not the Indian government's stand that some confidential proceedings against him are pending in the UK. Rather, it was the stand of the UK government that was delaying his extradition.

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