Former liquor baron Vijay Mallya on Wednesday told the Bombay High Court that he is not in a position to specify when he will return to India, citing court orders passed in England that bar him from leaving
the country.
Mallya informed the court that the restrictions imposed by UK courts prevent his travel, as proceedings against him continue abroad.
The Bombay High Court had earlier reiterated that it will not hear the petition filed by fugitive businessman Vijay Mallya, challenging provisions of the Fugitive Economic Offenders (FEO) Act, unless he returns to India.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made it clear that Mallya must first state whether he is willing to come back.
“You (Mallya) have to come back…if you cannot come back then we cannot hear this plea,” the court said.
Mallya, who has been based in the UK since 2016, has filed two petitions — one challenging the order declaring him a fugitive economic offender and another questioning the constitutional validity of the 2018 Act. The 70-year-old is facing multiple cases in India related to fraud and money laundering.
While posting the matter for further hearing on February 18, the bench said it was granting him another opportunity to clarify his position.
“We may have to record that you are avoiding the process of the court. You cannot take advantage of the proceedings. In all fairness to you, we are not dismissing the petition but giving you another opportunity,” the court observed.
The bench directed Mallya to file an affidavit clearly stating whether he would return to India. “When will you come? You (Mallya) have already argued that you are entitled to a hearing without your physical presence in a court of law. But first file an affidavit clearly stating so,” Chief Justice Chandrashekhar said.
