Won't hear plea against fugitive tag if Vijay Mallya does not return to India, warns Bombay HC

Mumbai: The Bombay High Court on Thursday reiterated its stand that it would not consider the petition filed by fugitive businessman Vijay Mallya, challenging the provisions of the Fugitive Economic Offenders (FEO) Act, until he returns to India.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said Mallya will have to first clarify whether or not he will return to India. "You (Mallya) have to come back...if you cannot come back then we cannot hear this plea," the HC said.

Mallya, based in the UK since 2016, has filed two petitions in the HC - one challenging an order declaring him a fugitive economic offender and the other questioning the constitutional validity of the 2018 Act. 

The 70-year-old liquor baron is facing multiple cases in India on fraud and money laundering charges.

The bench, while posting the plea for further hearing on February 18, said it was giving Mallya another opportunity to clarify whether he was ready to return to India.

"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.

At the last hearing in December 2025, the court made its stand clear that it would hear the petition only if Mallya returned to India and asked his counsel to clarify the same.

On Thursday, the bench said the businessman must file an affidavit clearly stating whether he will return to India. "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.

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.

Solicitor General Tushar Mehta argued that Mallya has challenged provisions of the FEO Act after being declared one.

"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.

The government of India was contesting the proceedings initiated by Mallya in London against extradition, and the same was in its fag end. Mehta said, adding that, realising that he would soon be extradited, Mallya has challenged the fugitive tag order here.

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

Senior counsel Amit Desai said the enforcement agencies have already attached the businessman's properties in India.

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 businessman, accused of defaulting on multiple loan repayments and facing money laundering charges, left India in March 2016.