Come back or no hearing, Bombay HC tells Mallya
What's the story
The Bombay High Court has ruled that fugitive businessman Vijay Mallya cannot challenge his "fugitive economic offender" status from outside India. The court said it would not hear his plea against the provisions of the Fugitive Economic Offenders (FEO) Act unless he returns to India. A bench led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad asked Mallya to clarify if he intends to return.
Legal proceedings
HC gives Mallya another chance to clarify his intentions
The court said, "You (Mallya) have to come back...if you cannot come back then we cannot hear this plea." It has given Mallya another chance to clarify his intention of returning by February 18. The bench also warned that if he doesn't respond, it may be recorded that he's avoiding the court process.
Ongoing cases
Mallya has filed 2 petitions in Bombay High Court
Mallya, who has been in the UK since 2016, has filed two petitions in the High Court. One challenges his declaration as a fugitive economic offender while the other questions the constitutional validity of the 2018 FEO Act. The court had previously said it would only hear these petitions if he returned to India and asked his counsel to clarify this position.
Court arguments
Mallya's pleas can be heard without his presence, senior counsel
Senior counsel Amit Desai, representing Mallya, argued that such pleas can be heard without the petitioner's physical presence. However, Solicitor General Tushar Mehta opposed this plea on the grounds that Mallya challenged the FEO Act provisions after being declared a fugitive economic offender. He said, "He (Mallya) can come to India first and then it can be seen whether he is liable or not liable to pay."