The Bombay High Court directed fugitive businessman Vijay Mallya to file an affidavit stating when he proposes to return to India if he wishes to challenge the constitutional validity of the Fugitive Economic Offenders Act 2018. The court made clear it will not entertain the petition unless he submits to its jurisdiction.
According to details received by The Chenab Times, a division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad heard two petitions filed by Mallya. One assails the vires of the FEO Act, and the other challenges the January 5 2019 order of the special court declaring him a fugitive economic offender.
LiveLaw reported the bench stated both petitions cannot proceed simultaneously. It instructed Mallya to withdraw one and affirm his return for the constitutional challenge. The court permitted challenging orders under the Act in absence but not the law’s validity without jurisdiction submission.
Senior Advocate Amit Desai, representing Mallya, argued that the statute allows proceedings without the presence of the accused. The bench remained firm on the distinction. Desai noted Mallya seeks government engagement to resolve litigation, with the Enforcement Directorate attaching assets worth Rs 14,000 crore, exceeding the Rs 6,000 crore liability.
Solicitor General Tushar Mehta, with Additional Solicitors General SV Raju and Anil Singh for the Union, informed extradition proceedings are advanced. The matter was adjourned to February 12 for Mallya to decide.
The case stems from Rs 9,000 crore loan default allegations against the former liquor baron.
The Chenab Times News Desk