The Bombay High Court on Thursday observed that fugitive businessman Vijay Mallya was “avoiding the process of the court” and therefore could not seek equitable relief in proceedings initiated by him. A bench comprising Chief Justice Alok Aradhe and Justice Gautam Ankhad granted Mallya one final opportunity to clarify whether he intends to return to India, stating that his plea would not be considered otherwise.
The court was hearing Mallya’s petition challenging the constitutional validity of the Fugitive Economic Offenders Act (FEOA) and the proceedings through which he was declared a fugitive economic offender. The bench noted that it had earlier made it clear that the matter would be heard only if he returned to India and submitted to its jurisdiction. The judges also pointed out that Mallya had failed to file a compliance affidavit indicating whether and when he planned to return.
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Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, argued that Mallya challenged the law only after being declared a fugitive and during advanced extradition proceedings. The court scheduled the matter for next week, granting him a final chance to comply.
