Bombay High Court gives Vijay Mallya final chance to return and contest fugitive status
India’s Bombay High Court has warned tycoon Vijay Mallya that it will not hear his legal challenge unless he returns to the country. Judges said he is evading the court process after being declared a Fugitive Economic Offender over the Kingfisher Airlines loan scandal.
The Bombay High Court has given tycoon Vijay Mallya “one last chance” to return to India to challenge his conviction as a “Fugitive Economic Offender”
The judges said Mallya, the former head of both United Breweries and United Spirits in India, was “avoiding the process of the court” and therefore could not seek equitable relief in proceedings initiated by him.
Conviction linked to Kingfisher Airlines’ collapse
Mallya was convicted in his absence of defrauding banks of £1.15 billion in loans made to his collapsed Kingfisher Airways, which went bust in 2012.
He contends that through asset and property seizure in India, the debt has been more than fully recouped.
Partner Content
Extradition blocked by unresolved UK legal issue
Mallya fled to Britain to avoid arrest in March 2016. He has exhausted all legal avenues to stop him being extradited to India, but remains in the UK until what the British Home Office terms a “confidential legal matter” is resolved.
That is widely believed to be a plea for political asylum. Such cases normally take six months to a year to hear, but Mallya’s has been outstanding since 2020.
Judges warn plea will not be heard in absence
The court was hearing Mallya’s petition challenging the constitutional validity of the Fugitive Economic Offenders Act (FEOA) and the proceedings declaring him an offender. In December, the bench had made it clear that it would consider his plea only if he returned to India and submitted to its jurisdiction.
The judges said they were inclined to record that Mallya was deliberately evading the court’s process and therefore could not take advantage of equity.
“You have to come back. If you cannot come back, then we cannot hear this plea. You are avoiding the court process, so you cannot take benefit of the proceedings. In fairness to you, we are not dismissing it; we are giving you another opportunity,” the court said.
Related news
Kingfisher tycoon Vijay Mallya loses bankruptcy appeal
Fugitive tycoon Vijay Mallya challenges Indian authorities over £700m asset seizures
