NEW DELHI: The Supreme Court Friday, March 3, dismissed a plea by business tycoon Vijay Mallya challenging the proceedings in a Mumbai court to declare him a fugitive economic offender and confiscate his properties.
The Supsreme court dismissed the petition for non-prosecution after counsel representing Mallya submitted that he was not getting any instructions from the petitioner in the matter.
The petitioner's solicitor claims that the petitioner is not giving the petitioner's advocate any instructions. The plea is dismissed for non-prosecution in light of this declaration, a bench of Justices Abhay S. Oka and Rajesh Bindal ruled.
In response to Mallya's request for a stay of proceedings in the case brought by the investigation agency in Mumbai before a special prevention of money laundering act (PMLA) court, the Supreme Court in December 2018 sent a notice to the Enforcement Directorate (ED) requesting that it designate Mallya as a "fugitive" under the 2018 Fugitive Economic Offenders Act.
The Bombay special court designated Mallya as a "fugitive" under the Act on January 5, 2019.
Once a person is designated as a fugitive economic offender, the prosecuting agency is authorised by the Act's provisions to seize his property.
Vijay Mallya, who fled to the UK in March 2016, is sought after in India for failing to repay 9,000 crore in loans that were given to Kingfisher Airlines (KFA) by various banks.
Mallya filed a petition with the Supreme Court in 2018 to overturn a decision by the Bombay High Court that had rejected his request for a stay of the proceedings before a special PMLA court in Mumbai on the ED's request to have him labelled a fugitive economic offender under the new statute.
The high court had made it clear that the special PMLA court would continue with the ongoing proceedings against Mallya on merits, stating that the application had been filed "at the threshold and at a very premature stage" while the lower court was still considering the prosecuting agency's request to declare him (Mallya) a fugitive economic offender.
In a different case, on July 11, 2022, the supreme court condemned Mallya to four months in prison for contempt of court and ordered the Center to ensure his presence during the imprisonment. Mallya has been on the run since 2016 and has been in the UK.
The top court said, Mallya never expressed regret for his actions or offered an apology, and so, appropriate punishment must be given in order to preserve the authority of the law. The court had also imposed a fine of Rs.2,000 on Mallya, who was held guilty of committing contempt of court by the top court on May 9, 2017, for transferring USD 40 to his children in violation of court orders.
