More Coverage
Twitter Coverage
JOIN SATYAAGRAH SOCIAL MEDIA
Vijay Mallya tells the Bombay High Court he cannot leave the UK due to a revoked passport, but Indian judges dismissed his claim as an excuse and demanded his physical presence to face money trials

On 18th February, Wednesday, fugitive businessman Vijay Mallya informed the Bombay High Court that he is unable to give a clear date for his return to India. He explained that this is because of ongoing restrictions imposed by courts in the United Kingdom. According to him, his passport has already been revoked, and under the existing court orders, he is not allowed to leave England or Wales.
|
However, the Bombay High Court did not readily accept this reasoning. The court described his explanation as an “excuse,” signaling its dissatisfaction with the justification offered for his continued absence from India.
Mallya’s submissions were presented before a bench led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad. He appeared through his lawyer, Amit Desai. The statement was filed in response to an earlier direction from the High Court. The bench had asked Mallya to clearly state whether he intended to return to India to face trial while at the same time challenging the constitutionality of the Fugitive Economic Offenders (FEO) Act and the order declaring him a fugitive economic offender.
The court had already made its position clear in earlier proceedings. It had said firmly that it would not examine the arguments on the merits of the challenge to the FEO Act unless Mallya was physically present in India. The judges conveyed that his presence in the country was a necessary condition before they could proceed further with the case.
During the hearing, Amit Desai argued that the petition should not depend on Mallya’s physical appearance in India. He referred to two Supreme Court judgments and claimed that in those cases, petitions were heard even when the petitioners were not personally present. In support of his client’s position, Desai stated, “Pursuant to orders passed by the Courts in England, the petitioner is not permitted to leave or attempt to leave England and Wales or apply for or be in possession of any international travel document. In any event, the petitioner is unable to precisely state when he will return to India.”
|
Desai also made another important argument. He submitted that if Mallya were to return to India, he would no longer fall within the category of a fugitive under the law. He explained, “If he were to appear in India, then all these proceedings would be rendered irrelevant as the statute says that once the offender appears in the concerned court of law, then all these orders would be set aside.”
Despite these submissions, the bench raised sharp questions. Chief Justice Chandrashekhar asked whether Mallya was shielding himself behind foreign court orders instead of directly addressing the issue. He observed that while reliance was being placed on the decisions of the courts in England, there was no clarity on whether those orders had been challenged. The judge asked pointedly, “But then what is your apprehension? You merely rely on orders of the Courts in England, but you haven’t spelt out if you have challenged those orders or not. Are you just taking these orders as an excuse?”
At the same time, Solicitor General Tushar Mehta, appearing for the central government, strongly opposed Mallya’s plea. He argued that the businessman should place trust in India’s legal framework and submit to its authority. In his submission before the court, he said, “India has a robust and vibrant legal system which is run by the rule of law,” and urged the court to ensure that Mallya complies with its jurisdiction.
|
Mehta further stressed that Mallya had approached the High Court under its extraordinary writ jurisdiction. He pointed out that such jurisdiction is discretionary and based on principles of fairness and equity. According to him, such relief cannot be extended to someone who is not complying with the law. He stated clearly, “It is a settled position in law of the land that a person not complying with the law cannot be entrusted with the prerogative writ of this court.”
The 70-year-old former liquor baron is facing serious allegations. Apart from the charges of money laundering, he is accused of repeatedly failing to repay loans amounting to several thousand crores. In January 2019, a special court dealing with cases under the Prevention of Money Laundering Act (PMLA) declared him a Fugitive Economic Offender. Earlier, in March 2016, Mallya had left India and relocated to the United Kingdom.
During the proceedings, the High Court also noted a procedural issue. The declaration placed before it was not supported by a personal affidavit from Mallya himself. Instead, it was based on instructions provided to his lawyer. The bench directed that a proper sworn affidavit be filed, along with a copy of the statement, so that the central government could respond formally.
The matter has now been adjourned and is scheduled to be taken up again on 11th March.
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
![]() | ![]() | ![]() |
| ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- Milords, why demand to stand above criticism when democracy thrives on questioning, for Justice B Sudershan Reddy’s Salwa Judum verdict shows even judges must face accountability, no matter how powerful their robes once were
- ‘One tick, two wives’: Punjab & Haryana High Court rejects judiciary candidate Advocate Pradeep Kumar’s plea after he mistakenly declared ‘more than wife’ in application
- "Justice is blind; that's why it's always bumping into things": Punjab and Haryana High Court, with a generous dash of magnanimity, pressed the pause on Nuh's demolition, playing indulgent parent they took cognizance, giving 'innocent' rioters a breather
- “Judgment does not necessarily relate to the judiciary system”: “There is a limit to criticizing judges. Give us a break” laments Justice Chandrachud, but in Nupur case emotions of judges were so extensive that it “diluted the beheading in Udaipur”
- "Some judges are like umpires who believe they won the game": Madras High Court, "If temples are going to perpetuate violence, then their existence has no meaning, better to close down those temples. The whole purpose of having a temple is of no use"
- "देखिये, ये ही संसार है": A Rajya Sabha MP's son driving a high-speed Aston Martin killed sole breadwinner Bharati Mukhi outside Madhapur's Inorbit Mall in Cyberabad, then secured an immediate station bail under the new criminal system
- "It is not wisdom but Authority that makes a law": SC orders new rules for appointment of Chief Election Commissioner and Election Commissioners similar to appointment of CBI Director by a committee that includes the PM, Leader of Opposition and CJI
- "Best advice I ever received was to give advice only when asked for it": State does not owe loyalty to any one religion and the Constitution requires that religious majority in the country shouldn’t enjoy any preferential treatment, Justice BV Nagarathna
- "What is the point of hearing you?": Supreme Court granted Vikas Yadav a Holi furlough for the Nitish Katara murder, telling the grieving family to let things go after 23 years of his 25-year term in a Delhi prison
- Supreme Court finally ends a 100-year fight over the Amogasidda temple in Karnataka, ruling that Sahebgouda’s family holds the true hereditary pujari rights over the rivals led by late Ogeppa
- Former SC judge Rohinton Nariman whines over Akbar’s portrayal as tyrant in NCERT textbooks, ignoring Chittorgarh siege where 30,000 Hindus were massacred
- "It is not titles that honor men, but men that honor titles": CJI DY Chandrachud lamented, "Hundreds of young people die in India due to honour killings merely because they love someone or marry outside their caste or against their family's wishes"
- Deputy CM Manish Sisodia’s close aid Nisha Singh held guilty and sentenced to 7 years in prison for inciting violence: A bevy of eminent intellectuals called it a political vendetta to whitewash her criminal behaviour
- NIA uncovers a chilling PFI hitlist of 950 names, yet SC grants bail in the cold-blooded murder of RSS leader Sreenivasan, dismissing it with “only one person is killed”—a shocking blow to justice as terror conspiracies are downplayed in open court
- SC grants protection to Nupur Sharma from arrest in multiple FIRs after pointed out of an imminent necessity for intervention of Court to protect her life and liberty, also noted Chisti’s remarks wherein he asked for cutting of her throat

























