Vijay Mallya to Bombay High Court: 'Unable to precisely say when I will return to India'

Vijay Mallya (File photo)

• Vijay Mallya tells court he can't specify return date to India
• UK court orders prevent Mallya from leaving England
• Mumbai High Court adjourns matter to March 11 for hearing

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Businessman Vijay Mallya on Wednesday informed the Bombay High Court that he cannot specify a timeline for his return to India, pointing to directions issued by courts in England that prevent him from leaving their jurisdiction.

“Pursuant to orders passed by courts in England, he cannot leave England... At present, he is unable to precisely state when he will return to India... ” senior advocate Amit Desai told a division bench while reading from a statement said to be based on instructions given by Mallya to his Attorney.

The matter was heard by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, who had earlier made it clear that the court would not examine Mallya’s challenge to the Fugitive Economic Offenders (FEO) Act unless he comes back to India.

Court seeks clarity on return

The bench had previously granted him another opportunity to clarify his stand. On an earlier date, the judges had said, “You (Mallya) have to come back…if you cannot come back then we cannot hear this plea.”

Mallya has filed two petitions before the High Court -- one assailing the order declaring him a fugitive economic offender and another challenging the constitutional validity of the 2018 law. The court had indicated that his physical presence was central to the maintainability of the challenge.

During the hearing, Desai argued that the court could not insist on his client’s personal appearance in India for the petitions to be heard. He relied on two Supreme Court rulings where pleas were considered even in the absence of the petitioners.

“If he returns then he won't be a Fugitive anymore and then both the petitions would be infructuous milords,” Desai submitted.

Bench questions reliance on UK orders

The judges, however, appeared unconvinced by the explanation offered. Chief Justice Chandrashekhar questioned whether Mallya had taken any steps to contest the English court’s restrictions.

“But then what is your apprehensions? You merely rely on orders of the Courts in England but you haven't spelt out if you have challenged those orders or not. Are you just taking these orders as an excuse?” the Chief Justice remarked.

Desai responded that the English court’s directives clearly restrained his client from exiting the country.

The Union government opposed Mallya’s stand. Solicitor General Tushar Mehta, along with Additional Solicitor Generals SV Raju and Anil Singh, assisted by advocate Dhirendra Singh, told the bench that “India has a robust and vibrant legal system which is run by rule of law” and urged that Mallya should submit to Indian jurisdiction.

Affidavit directed

The court noted that the statement read out by Desai was based on instructions communicated to his Attorney. The bench directed Mallya’s legal team to file a proper affidavit reproducing his statement so that the Union of India could respond.

The matter has been adjourned to March 11 for further hearing.