'Come back or we won’t hear your fugitive tag plea': Bombay High Court draws a hard line on Vijay Mallya

Court gives Vijay Mallya another opportunity to clarify if he will return to India before hearing his challenge to the Fugitive Economic Offenders Act.

• Bombay High Court says Mallya must return to India to challenge fugitive tag
• Court gives Mallya another chance to clarify if he intends to return to India
• Mallya's plea against FEO Act won't be heard unless he files affidavit on return

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The Bombay High Court on Thursday made it clear that fugitive businessman Vijay Mallya cannot challenge his “fugitive economic offender” tag from abroad.

Unless he returns to India, the court said, it will not hear his plea against the provisions of the Fugitive Economic Offenders (FEO) Act — raising the stakes for the UK-based liquor baron who has been fighting extradition since 2016.

Court draws a firm line

According to a report by PTI, a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said Mallya must first clarify whether he is willing to return to India.

"You (Mallya) have to come back...if you cannot come back then we cannot hear this plea," the HC said, PTI quotes.

The bench posted the matter for further hearing on February 18 and said it was giving Mallya another opportunity to state clearly whether he intends to return.

"We may have to record that you are avoiding the process of the court. You cannot take benefit of the proceedings. In all fairness to you, we are not dismissing the petition but giving you another opportunity," the court said, as cited by PTI.

Affidavit sought on return to India

The court had taken a similar stand in December 2025, making it clear that it would hear the petition only if Mallya returned to India. On Thursday, it reiterated that position and directed him to file an affidavit clarifying his stance.

"When will you come? You (Mallya) have already argued that you are entitled to a hearing without your physical presence in a court of law. But first file an affidavit clearly stating so," Chief Justice Chandrashekhar said, as cited by PTI.

Senior counsel Amit Desai, appearing for Mallya, submitted that there were judgments to show that such pleas can be heard and decided without the physical presence of the petitioner.

Government opposes plea

Solicitor General Tushar Mehta opposed the plea, arguing that Mallya had challenged provisions of the FEO Act only after being declared a fugitive economic offender.

"He (Mallya) can come to India first and then it can be seen whether he is liable or not liable to pay. He cannot not trust the law of the country," Mehta said.

Mehta also told the court that the government of India was contesting the proceedings initiated by Mallya in London against extradition, which were in their fag end. Realising that he could soon be extradited, Mallya has now challenged the fugitive tag order in India, Mehta argued.

The solicitor general further submitted that Mallya, in his affidavit, had said the banks were wrong to demand money from him.

What Mallya has challenged

Mallya, based in the UK since 2016, has filed two petitions before the High Court, one challenging the order declaring him a fugitive economic offender and another questioning the constitutional validity of the 2018 FEO Act.

Senior counsel Amit Desai told the court that the businessman’s properties in India had already been attached by enforcement agencies.

Mallya was declared a Fugitive Economic Offender in January 2019 by a special court hearing cases under the Prevention of Money Laundering Act (PMLA).

The 70-year-old businessman is facing multiple cases in India on fraud and money laundering charges. He left India in March 2016 after defaulting on multiple loan repayments.