Last Updated:December 23, 2025, 20:11 IST

In January 2019, a special court under the Prevention of Money Laundering Act (PMLA) declared Vijay Mallya a Fugitive Economic Offender.

The Bombay High Court on Tuesday questioned fugitive businessman Vijay Mallya regarding his plans to return to India. The court informed Mallya’s counsel that his plea challenging the Fugitive Economic Offenders (FEO) Act would not be heard unless he submitted himself to the court’s jurisdiction.

Mallya, who has been residing in the UK since 2016, has filed two petitions in the High Court. One petition challenges the order declaring him a fugitive economic offender, while the other contests the constitutional validity of the 2018 Act. The High Court posed this question to the 70-year-old liquor baron, who is wanted in India on fraud and money laundering charges, during the hearing of his petitions.

The bench, comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, made it clear to Mallya’s counsel, Amit Desai, that it would not hear his plea against the Act until he returned to India and submitted to the court’s authority.

Solicitor General Tushar Mehta, representing the Enforcement Directorate (ED), opposed the petitions. He argued that fugitives should not be allowed to challenge the validity of an Act without being present in the country and subjected to the courts. Mehta pointed out that the FEO Act was enacted to prevent individuals from abusing the law by staying abroad and filing petitions through their lawyers. He also informed the court that extradition proceedings against Mallya were at an advanced stage.

The bench stated that it could not allow both petitions filed by Mallya to proceed simultaneously and asked which petition he wanted to pursue and which one to withdraw. Desai informed the court that Mallya’s financial liabilities had been effectively neutralised, with assets worth Rs 14,000 crore attached and liabilities worth Rs 6,000 crore recovered by lending banks.

However, the bench questioned how criminal liability could be eliminated without Mallya submitting to the court’s jurisdiction. The High Court scheduled the matter for further hearing on February 12, by which time Mallya must inform the court which petition he intends to proceed with.

In January 2019, a special court under the Prevention of Money Laundering Act (PMLA) declared Mallya a Fugitive Economic Offender. The businessman, accused of defaulting on multiple loan repayments and facing money laundering charges, left India in March 2016.

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