The Bombay High Court on Thursday made it clear that businessman Vijay Mallya must return to India if he wants his petition challenging the Fugitive Economic Offenders Act, 2018 (FEO Act) to be heard. The court stated that unless Mallya submits to its jurisdiction by appearing in person, it would not consider his plea.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad is currently hearing Mallya’s challenge to both the constitutional validity of the FEO Act and the proceedings that declared him a fugitive economic offender. The judges emphasized that a person who has avoided the legal process cannot seek relief from the same judicial system.
The Bombay HC bench observed that Mallya had failed to file an affidavit confirming his willingness to return to India, despite earlier directions. “You have to come back. If you cannot come back, then we cannot hear this plea,” the court remarked, adding that he appeared to be evading both Indian and UK legal processes while attempting to benefit from Indian courts.
Representing the Enforcement Directorate (ED), Solicitor General Tushar Mehta argued that Mallya could return and present all his arguments, including claims about repayment or liability. However, he stressed that Mallya could not question the credibility of Indian law while simultaneously invoking the court’s equitable jurisdiction.
Mallya’s counsel, Amit Desai, cited a previous judgment to argue that the plea could be heard without his client physically returning to India. The matter remains under consideration.
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