Fugitive businessman Vijay Mallya informed the Bombay High Court on Wednesday that he cannot confirm when he will return to India due to legal restrictions imposed by the courts in the United Kingdom.
Mallya's statement was submitted before a division bench of the Bombay High Court through senior advocate Amit Desai, who told the court that the fugitive liquor baron cannot ‘precisely' confirm his return to India since the English courts have barred him from leaving their jurisdiction, according to a LiveLaw report.
The statement submitted through Desai read, “Pursuant to orders passed by courts in England, he cannot leave England…At present, he is unable to precisely state when he will return to India.”
The remarks came after a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad had, on Dec. 22, said it would not hear Mallya's plea challenging the Fugitive Economic Offenders (FEO) Act unless the liquor baron returned to India.
Last week, the HC gave Mallya another chance to indicate if he had any plans to come back.
Solicitor General Tushar Mehta said on Wednesday that Mallya must submit to the Indian courts' jurisdiction. “India has a robust and vibrant legal system which is run by the rule of law,” Mehta said.
Desai argued that the court should consider hearing the petition even without Mallya being physically present, citing earlier Supreme Court cases where petitions were heard in the absence of petitioners. “If he returns, then he won't be a fugitive anymore, and then both the petitions would be infructuous,” he submitted.
The HC bench appeared unconvinced, asking why Mallya had not challenged the English court orders. “What is your apprehension? You merely rely on orders of the courts in England, but you haven't spelt out whether you have challenged those orders or not. Are you just taking these orders as an excuse?” Chief Justice Chandrashekhar asked, the LiveLaw report added.
The bench questioned the reasons for his non-return. "What is your apprehension? You merely rely on orders of the Courts in England, but you haven't spelt out if you have challenged those orders or not. Are you just taking these orders as an excuse?" Chief Justice Chandrashekhar asked. Desai responded that the English court's orders bar Mallya from leaving.
The bench asked Mallya's legal team to file a proper affidavit reproducing his statement. The hearing was adjourned to Mar. 11.
Mallya, once a high-profile businessman known for Kingfisher Airlines and the liquor company United Breweries, left India in March 2016 after defaulting on loans worth around Rs 9,000 crore (about $1 billion) taken by his airline. He has been staying in the UK since then.
He is accused of defaulting on multiple loan repayments and is also facing charges under various sections of the Prevention of Money Laundering Act (PMLA). He was declared a Fugitive Economic Offender in January 2019 by a special court dealing with the PMLA cases.
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