Bombay High Court Directs Vijay Mallya: Return to India or Formally Declare You Won't
The Bombay High Court, in a significant hearing on Thursday, firmly stated that fugitive businessman Vijay Mallya cannot exploit the pendency of his plea challenging the Fugitive Economic Offender (FEO) Act to avoid court processes both in India and the United Kingdom. The bench, comprising Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad, was addressing a writ petition filed by Mallya contesting the constitutional validity of specific provisions of the FEO Act.
Court's Clear Ultimatum: Compliance or Consequences
The high court reiterated its earlier stance, emphasizing that Mallya must either return to India or could even submit an affidavit explicitly stating, "I won't come back," to enable the court to issue appropriate orders. This directive follows the bench's previous order on December 23, 2025, which required Mallya to specify when he intended to return to India. However, the court noted on Thursday that Mallya had failed to file a proper compliance affidavit in response.
Chief Justice Chandrashekhar orally remarked, "You have to come back. If you want to prosecute this (writ petition), then you have to come back… We have passed certain orders." The court indicated it would observe that Mallya was avoiding court processes and should not benefit from the pending petitions, though it offered one more opportunity before potential dismissal.
Legal Proceedings and Government's Stance
Solicitor-General Tushar Mehta, representing central agencies including the Enforcement Directorate (ED), argued that Mallya's affidavit misleadingly portrayed the proceedings as merely for recovery, whereas the case involves serious legal violations. Mehta asserted, "After being a fugitive and contesting our extradition proceedings in London, he can come and can discuss everything what he has mentioned in the affidavit (about recovery) and whether he is ready and liable to pay." He added that Mallya cannot mistrust the law and invoke the high court's equity jurisdiction, which refers to the power to provide remedies based on fairness and justice beyond strict common law.
Mehta also highlighted the timing of Mallya's petition, suggesting it was filed as extradition proceedings in the UK were "at the fag end," possibly due to a realization of impending extradition. "He left (India) many years back. The choice of time to file this petition is also telling," Mehta submitted.
Pending Challenges and Judicial Response
Mallya's legal team, led by senior advocate Amit Desai, argued that past judgments allowed him to be heard on the FEO Act's validity without returning to India. However, the court countered by questioning the purpose of its December order if compliance was not intended. "We never thought that you will not file a compliance affidavit. So what was the purpose of that order? We will pass order on non-compliance," Chief Justice Chandrashekhar stated, scheduling the next hearing for the following week.
It is important to note that Mallya's challenge to a special court's January 2019 order, which declared him a fugitive economic offender, remains pending before the Bombay High Court. The court has asked both parties to submit a list of dates to facilitate a detailed order in the upcoming session.
Background and Implications
Vijay Mallya, a former liquor baron, has been involved in prolonged legal battles over alleged financial irregularities and loan defaults. The Fugitive Economic Offender Act, enacted to expedite the confiscation of assets from individuals evading prosecution, is central to these proceedings. The Bombay High Court's latest observations underscore the judiciary's insistence on accountability and procedural adherence, even as Mallya contests extradition from the UK.
The case continues to draw significant attention due to its implications for economic offenses and cross-border legal cooperation. The court's firm stance signals that delays or strategic legal maneuvers will not be tolerated, reinforcing the principle that justice must be pursued diligently and transparently.
