3 months ago
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The Bombay High Court connected Thursday (February 12, 2026) reiterated its stand that it would not see the petition filed by fugitive businessman Vijay Mallya, challenging the provisions of the Fugitive Economic Offenders (FEO) Act, until helium returns to India.
A seat of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said Mallya volition person to archetypal clarify whether oregon not helium volition instrumentality to India.
"You (Mallya) person to travel back...if you cannot travel backmost past we cannot perceive this plea," the HC said.
Mr. Mallya, based successful the U.K. since 2016, has filed 2 petitions successful the HC — 1 challenging an bid declaring him arsenic a fugitive economical offender and the different questioning the law validity of the 2018 Act.
The 70-year-old liquor baron is facing aggregate cases successful India connected fraud and wealth laundering charges.
The Bench, portion posting the plea for further proceeding connected February 18, said it was giving different accidental to Mallya to clarify if helium was acceptable to instrumentality to India.
"We whitethorn person to grounds that you are avoiding the process of the court. You cannot instrumentality payment of the proceedings. In each fairness to you, we are not dismissing the petition but giving you different opportunity," the Court said.
The Court had connected the past proceeding successful December 2025 made its basal wide that it would perceive the petition lone if Mr. Mallya returns to India and had asked his counsel to clarify the same.
On Thursday (February 12, 2026), the Bench said the businessman has to record an affidavit intelligibly stating whether helium volition instrumentality to India oregon not.
"When volition you come? You (Mallya) person already argued that you are entitled to a proceeding without your carnal beingness successful a tribunal of law. But archetypal record an affidavit intelligibly stating so," Chief Justice Chandrashekhar said.
Senior counsel Amit Desai, appearing for Mr. Mallya, submitted that determination were judgments to amusement that specified pleas tin beryllium heard and decided without the carnal beingness of the petitioner.
Solicitor General Tushar Mehta argued that Mr. Mallya has challenged provisions of the FEO Act aft being declared one.
"He (Mallya) tin travel to India archetypal and past it tin beryllium seen whether helium is liable oregon not liable to pay. He cannot not spot the instrumentality of the country," Solicitor General Mehta said.
The authorities of India was contesting the proceedings initiated by Mr. Mallya successful London against extradition and the aforesaid was successful its fag end, Solicitor General Mehta said adding realising that helium would soon beryllium extradited, Mr. Mallya has challenged the fugitive tag bid here.
The Solicitor General argued that Mr. Mallya successful his affidavit has said the banks were incorrect to request wealth from him.
Senior counsel Amit Desai said the businessman's properties successful India person already been attached by the enforcement agencies.
Mr. Mallya was declared a Fugitive Economic Offender successful January 2019 by a peculiar tribunal proceeding cases nether the Prevention of Money Laundering Act (PMLA).
The businessman, accused of defaulting connected aggregate indebtedness repayments and facing wealth laundering charges, near India successful March 2016.
