In the ongoing investigation with Vijay Mallya’s debt default case, the liquor baron earlier today said that he won’t be able to return back to India before the first week of April.
He was supposed to appear on Friday as per the Enforcement Directorate summon.
With regards to this recent development, criminal lawyer Satish Maneshinde said that there is no order as of now, compelling Mallya to appear before any agency.
Speaking to CNBC-TV18, he said that Vijay Mallya has been co-operative till date and has appeared in front of every authoritative body.
Commenting on Mallya’s trip to UK, Maneshinde said, "Television and other media has shot itself in the mouth by proclaiming that he has absconded."
This was in light of the fact that Vijay Mallya had left the nation on a commercial plane and did not sneak out under some hidden travel plan or camouflage, Maneshinde said.Below is the transcript of Satish Maneshinde’s interview with CNBC-TV18's Nayantara Rai and Ronojoy Banerjee. Nayantara: My first question has to do with the summons that were issued to Vijay Mallya. You were supposed to appear tomorrow as per the enforcement directorate (ED) summons. But we had Mukul Rohatgi the Attorney General tell CNBC-TV18 earlier this week that as of now because the Supreme Court has not passed such an order Vijay Mallya doesn't have to make a personal appearance. So, until the Supreme Court says so do you think Vijay Mallya is going to return to India at all? A: First of all when Mr Vijay Mallya left the country on March 2 he was neither summoned or wanted in any investigation. It is only after he has left the country after attending the parliament on March 1 that all the agencies have depending upon the wide media coverage whether rightly or wrongly given to his so called default have got into action. And even the banks which knew that Mr Mallya is a frequent traveller and knowing fully well that he was in India did not either ask for his appearance before any authority or did not ask the Supreme Court or any court in the country to stop his departure from country because he has never been in a position where has never co-operated. Mr Mallya has said time and again that he has appeared before the CBI, he has appeared before the serious fraud squad, he has appeared before the Reserve Bank committee, he has appeared and had meetings with the banks, he has attended the parliament and on a usual course which he normally takes he left the country by commercial flight. He did not even go under some hidden travel plan or in camouflage or in that kind of an atmosphere. So, television and other media has shot itself in the mouth by proclaiming that he has absconded. On the day when he left he was not wanted. Nayantara: Legally does Vijya Mallya have to make any personal appearance before any investigative agency unless the Supreme Court directs Mallya to do so? A: The Supreme Court is not going to direct how the investigating agencies conduct themselves. It is not done unless it has been brought before the court that he has made himself scarce and he has absconded. So, therefore till as of now there is no order compelling Mallya by any court to appear before an agency. As far as the summons to him to appear before the enforcement agency is concerned, that summons was issued to him when he was already abroad. I can understand if the summons was issued to him when he was in the country, when he had accepted the service of it and then gone somewhere else trying to make himself scarce. However, this summons has been served on him electronically probably when he is already in England and his travel plans are not in the near future and I do not know whether the summons which has been directed to him has requested him to appear or directed him to appear in person or through a lawyer. A large number of summons which are issued are for production of documents and for production of material which is the custody of the Assessee. Ronojoy: The ED had made the summons about a week ago. Now are you then saying that as of now the ED - what are the options before the ED if they were to put pressure on Vijay Mallya so that he appears in the money laundering case, what are the options before the ED? A: First of all there is no necessity of compulsively making him or enforcing him to appear because tomorrow is the day when Mr Mallya has to either appear himself in person or show a proper cause why he cannot appear. If he cannot appear in person the directorate has every right to give him a further date as per the convenience of both the sides and then ask him to appear before the ED. If at all Mr Mallya is not in a position to forth come with a possible, reasonable excuse for not appearing, obviously because he is travelling, I am sure that he cannot make travel plans immediately just because the enforcement authorities have asked him last week. Nayantara: Vijay Mallya's assets overseas are far in excess of the loans that he has taken in. That is exactly the same argument that the Attorney General has made. So, my next question to you and on the day when Kingfisher House e-auction has flopped with not one single taker coming do you see the investigative agencies trying to cease Vijay Mallya's overseas assets? A: Yes, they can.
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