Fugitive or petitioner? Bombay HC draws red line for Vijay Mallya

In a strong signal against absconding economic offenders, the Bombay High Court questioned Vijay Mallya’s right to challenge Indian law while staying overseas

PGurus Newsdesk

December 24, 2025

Vijay Mallya can’t challenge FEO Act from abroad, says Bombay HC

Bombay High Court to Vijay Mallya: Return to India or We Won’t Hear You

The Bombay High Court on Tuesday sent a blunt message to fugitive businessman Vijay Mallya: submit to the court’s jurisdiction or forfeit the right to challenge Indian law.

A bench led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made it clear that it would not hear Mallya’s plea against the Fugitive Economic Offenders (FEO) Act unless he first returns to India. The court was hearing two petitions filed by the 70-year-old liquor baron—one challenging his declaration as a fugitive economic offender and the other questioning the constitutional validity of the 2018 law itself.

Mallya, who has been living in the United Kingdom since fleeing India in March 2016, is wanted to face trial on charges of fraud and money laundering linked to the collapse of now-defunct Kingfisher Airlines.

During the hearing, the bench directly questioned when Mallya intends to return to India, signalling that legal challenges cannot be pursued from a position of deliberate absence. The judges also refused to allow both petitions to run simultaneously, asking Mallya to clarify which one he wishes to pursue and which he will withdraw.

Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), strongly opposed the pleas, arguing that fugitives cannot be allowed to test the validity of Indian laws while evading Indian courts. He submitted that the FEO Act was enacted precisely to prevent such misuse of the judicial process by economic offenders operating from abroad.

Mehta also informed the court that extradition proceedings against Mallya are at an advanced stage in the UK.

Senior advocate Amit Desai, appearing for Mallya, argued that the businessman’s financial liabilities had been effectively neutralised. According to him, assets worth nearly ₹14,000 crore have been attached and over ₹6,000 crore recovered by lending banks, leaving no outstanding financial loss.

The court, however, rejected the notion that financial recovery alone could erase criminal liability. “How does one wipe out criminal liability without submitting to the jurisdiction of the court?” the bench asked.

While acknowledging that even fugitives are entitled to legal representation, the High Court drew a firm line between representation and accountability.

The matter has been posted for further hearing on February 12, by which date Mallya must inform the court which petition he intends to pursue.

Mallya was declared a Fugitive Economic Offender in January 2019 by a special PMLA court. He faces multiple cases of loan default and money laundering linked to Kingfisher Airlines, whose collapse left banks with massive losses and taxpayers footing the bill.

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