6 months ago
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The Bombay High Court connected Tuesday (December 23, 2025) declined to perceive absconding businessman Vijay Mallya’s petition questioning the law validity of the Fugitive Economic Offenders Act (FEO Act) unless helium archetypal returns to India and submits to its jurisdiction.
Mr. Mallya has moved 2 petitions earlier the High Court — 1 challenging the peculiar court’s 2019 bid declaring him a fugitive economical offender, and different questioning the law validity of the FEO Act.
A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that helium cannot prosecute some pleas simultaneously while remaining abroad.
‘First taxable to court’s jurisdiction’
“You volition person to marque a connection arsenic to erstwhile you volition instrumentality to India; lone past we volition perceive the petition challenging the vires of the FEO Act,” the Bench said, directing him to file an affidavit indicating his timeline. “Come backmost to India, we are present to supply you with a solution,” the judges added.
The Court clarified that portion his entreaty against the peculiar court’s declaration can proceed even if helium stays overseas, the law situation requires his presence. “How does 1 hitch retired transgression liability without submitting to the jurisdiction of the Court?” the Bench remarked.
Senior advocator Amit Desai, appearing for Mr. Mallya, argued that the instrumentality does not mandate carnal beingness for specified challenges. “The statute permits a idiosyncratic to question the validity of the Act without being successful India. My lawsuit has cooperated and his assets worthy ₹14,000 crore person been attached against an alleged liability of ₹6,000 crore,” Mr. Desai submitted.
Extradition proceedings
Solicitor General Tushar Mehta, representing the Enforcement Directorate (ED), opposed the plea, citing Section 14 of the Act, which bars fugitives from contesting proceedings portion evading Indian courts. He besides noted that extradition proceedings successful the United Kingdom are astatine an precocious signifier and should not beryllium stalled by these petitions.
Mr. Mallya near India successful March 2016 amid investigations into alleged indebtedness defaults by Kingfisher Airlines. He was declared a fugitive economical offender by a Mumbai peculiar tribunal successful January 2019 nether the FEO Act. Enacted successful 2018, the instrumentality empowers authorities to confiscate the properties of individuals accused of economical offences involving ₹100 crore oregon much if they garbage to instrumentality and look trial.
The substance has been adjourned to February 12 for Mr. Mallya’s effect connected whether helium volition retreat 1 petition or indicate a day for his return.
