Return First, Argue Later: Bombay High Court Draws a Line for Vijay Mallya

The Bombay High Court has sent a straightforward message to fugitive businessman Vijay Mallya: if he wants to challenge Indian law, he must first step foot on Indian soil.

Hearing Mallya’s petitions on Tuesday, a Division Bench led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made it clear that his absence from the country is a deal-breaker. The court said it would not hear his challenge to the Fugitive Economic Offenders (FEO) Act unless he commits to returning to India and places that commitment on record.

Court Seeks a Firm Return Date

Mallya, who has been living in the United Kingdom since 2016, has filed two petitions. One questions the constitutional validity of the FEO Act, while the other challenges the 2019 order that declared him a fugitive economic offender.

The bench asked Mallya’s counsel to state a clear date for his return and directed that the same be submitted through an affidavit. Without this, the judges said, the petitions cannot move forward.

Why the Court Isn’t Budging

The court underlined that a person who is avoiding Indian jurisdiction cannot expect constitutional relief from an Indian court. It observed that legal challenges, especially those questioning the validity of a law, require the petitioner to submit to the authority of the court hearing the matter.

The judges also questioned why both petitions were being pursued simultaneously and indicated that Mallya would need to decide which one he wanted to press, subject to his return.

Government Pushes Back

Appearing for the Centre, Solicitor General Tushar Mehta strongly opposed hearing the case in Mallya’s absence. He argued that allowing fugitives to challenge laws from abroad defeats the very purpose of the FEO Act, which was enacted to prevent economic offenders from evading Indian courts while enjoying the protection of foreign jurisdictions.

The government maintained that permitting virtual participation in such cases would set a dangerous precedent.

What Lies Ahead

The High Court has scheduled the next hearing for February 12. Until then, the ball is firmly in Mallya’s court. If he submits an affidavit committing to return to India, his petitions may be considered. If not, the legal door remains shut.

For now, the message from the bench is unambiguous: accountability begins with showing up.