The Supreme Court on February 10 said that it is affording a final opportunity to Vijay Mallya to present his arguments before the court in the contempt of court case against him.
Mallya is convicted of contempt of court and the issue before the Supreme Court now remains to be the quantum of punishment to be awarded to him.
In November last year, the top court had said that enough time had passed that the court waited for Mallya’s personal presence before the court to begin proceedings to decide his punishment. As such, the hearing in the case was scheduled to begin in January but had to be pushed further owing to the COVID wave affecting the top court at the time.
Today, the court took note that the advocate on record engaged by Mallya remains present before the court but does not make submissions on his behalf. In such a case, the court sought to know from the amicus curiae as to how the case must be dealt with.
“Usually in criminal law cases, an amicus curiae gets appointed to present the cause of the party if a counsel is not available,” the bench observed. Senior Counsel Jaideep Gupta who is assisting the court in this case said that a counsel may be given the responsibility to present Mallya’s side should his counsel continue to refrain from arguing on his behalf.
The court deferred the case today for a period of two weeks granting the last opportunity to Mallya to appear before the court or to appear through a lawyer. The court will hear the case next on February 24.
"Respondent contemnor (Mallya) is at liberty to act in directions of November 30 order failing which the matter shall be taken to its logical conclusion," the Supreme Court said in its order.
The case concerns the 2017 ruling of the Supreme Court where the liquor baron was found to have been guilty of committing contempt of court for flouting court orders and transferring monies to his children.
Mallya sought review of this ruling but the same was dismissed and his conviction for contempt was reaffirmed. The case has been stuck at the stage of sentencing on account of Mallya not being present before the court in person, as was required by the Supreme Court earlier.
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