The Bombay High Court on Thursday observed that Vijay Mallya must return to India if he wants the court to consider his petition challenging the validity of the Fugitive Economic Offenders Act, 2018 (FEO Act).
"You have to come back. If you cannot come back, then we cannot hear this plea," the bench said, according to a report by Bar and Bench.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad is hearing Mallya's plea challenging the FEO Act as well as the proceedings that declared him a fugitive economic offender.
No response from Mallya; court issues last warning
Despite earlier directions, the court noted on Thursday that Mallya had failed to file an affidavit stating his intention to return to India.
"You are avoiding the process of the Indian and UK courts, so you cannot take advantage of the present petition challenging the Fugitive Economic Offenders (FEO) Act," the bench remarked.
Appearing for the Enforcement Directorate (ED), Solicitor General Tushar Mehta argued that Mallya is free to return to India and present his case, but cannot question the country's legal system while simultaneously seeking relief from it.
"He can come and discuss everything mentioned in the affidavit — whether he is ready to pay, not ready to pay, or not liable to pay. But he cannot distrust the law of this country and invoke equity jurisdiction," Mehta said.
Mallya's counsel, senior advocate Amit Desai, attempted to rely on a previous judgment to argue that his client could be heard without physically returning to India.
However, the court made it clear that his challenge to the Act would not be considered unless he submitted to its jurisdiction. The bench emphasised that an earlier order had already directed Mallya to indicate when he intended to return.
The judges added that if he failed to comply by the next hearing date, the court would be compelled to pass appropriate orders for non-compliance. "In fairness to you, we are not dismissing it; we are giving you another opportunity," the bench told Mallya.
Meanwhile, the Ministry of External Affairs reiterated in December that India remains fully committed to ensuring that fugitives and individuals wanted by law return to face trial.
"We remain fully committed that people who are fugitive and wanted by law in India return to the country. For this, we are in talks with several governments and processes are ongoing," MEA spokesperson Randhir Jaiswal had said during a press briefing.
