Bombay High Court orders Mallya to return before hearing Fugitive Offenders Act challenge
Bombay High Court orders Mallya to return before hearing Fugitive Offenders Act challenge
The Bombay High Court demanded Vijay Mallya’s return to India before hearing his challenge to the Fugitive Economic Offenders Act, as extradition proceedings move forward.
The Bombay High Court on Tuesday asked Vijay Mallya to clarify when he intends to return to India, making it clear that it would not hear his challenge to the Fugitive Economic Offenders Act unless the businessman submits to the court’s jurisdiction. Mallya, who has been based in the UK since 2016, has moved two petitions before the high court: one challenging the order declaring him a fugitive offender and the other questioning the constitutional validity of the 2018 law. The court raised the issue of his return while hearing the pleas of the 70-year-old liquor baron, who is wanted in India to face trial on charges of fraud and money laundering.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad told Mallya’s counsel, Amit Desai, that it would not hear the plea against the Act unless the businessman submits himself to the court’s jurisdiction. Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, opposed the petitions, arguing that fugitives should not be allowed to challenge the validity of a law without subjecting themselves to Indian courts. He noted that extradition proceedings against Mallya were at an advanced stage. The bench said it could not permit both petitions to run simultaneously and asked Mallya, promoter of the now-defunct Kingfisher Airlines, to indicate when he would return to India so that the matter could be heard in the proper jurisdiction.
Mallya’s case is closely watched as India pursues accountability for alleged fraud and money laundering. The court’s stance underscores the government’s position that fugitives cannot exploit overseas havens to challenge domestic legal frameworks. With extradition proceedings continuing, the decision may set a precedent on how similar petitions are handled when fugitives remain outside the country. The dialogue between the judiciary and the Enforcement Directorate signals a continuing legal battle over the scope and validity of the Fugitive Economic Offenders Act, 2018, and the broader mechanics of extradition in high-profile financial crimes.
