Is Vijay Mallya finally returning to India? HC issues Last Opportunity in Constitutional Challenge

The Bombay High Court has granted Vijay Mallya one final opportunity to disclose when he intends to return to India if he wishes to pursue his challenge to the constitutional validity of the Fugitive Economic Offenders Act. The bench made it clear that unless Mallya submits to the court’s jurisdiction, his petition will not be entertained, placing his legal strategy in direct jeopardy as extradition proceedings near completion.

A division bench led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that Mallya had earlier been directed to file an affidavit specifying his proposed return to India. When the matter was called out, no such affidavit had been filed. The Solicitor General informed the court that instead of complying, Mallya submitted a separate affidavit alleging that banks had already recovered over Rs.15,000 crore, far exceeding the Rs.6,203 crore decretal amount fixed by the Debts Recovery Tribunal, along with interest, and argued that the very objective of the FEO Act stood satisfied.

The Union government opposed the plea, contending that a proclaimed fugitive cannot invoke the court’s equitable jurisdiction while refusing to submit to Indian law. It was also pointed out that extradition proceedings are at an advanced stage.

The bench reiterated that its earlier direction remained uncomplied with and warned that pendency of the petition cannot be used to secure indirect relief. Observing, “You cannot take benefit of the pendency of your petition,” the judges granted what they termed a final chance to file an affidavit clarifying his stand on returning to India.

The matter has been adjourned to Monday, with the court indicating that further consideration of the constitutional challenge hinges on compliance.