Fugitive Vijay Mallya will not get relief without returning to India, Bombay High Court refuses to hear the petition

Mumbai. The Bombay High Court on Thursday reiterated its stand that it will not consider the petition filed by fugitive businessman Vijay Mallya until he returns to India. The court made this comment on Mallya’s petition in which he has challenged the provisions of the Fugitive Economic Offenders Act (FEO).

A bench of Chief Justice Chandrashekhar and Justice Gautam Ankhad said that Mallya will first have to clarify whether he will return to India or not. The court said, “You (Mallya) will have to return…If you cannot come back then we cannot hear this petition.”

Mallya has been living in Britain since 2016. He has filed two petitions in the High Court, in one of which he has challenged the order declaring him a fugitive economic offender while in the other petition he has questioned the constitutionality of the 2018 Act. Liquor businessman Mallya (70) is facing multiple cases in India on charges of fraud and money laundering.

Fixing the petition for hearing on February 18, the bench said it was giving another opportunity to Mallya to clarify whether he is ready to return to India. The court said, “We may have to put on record that you are avoiding the court process.” You cannot take advantage of the proceedings. To be fair to you, we are not dismissing the petition but are giving you another chance.

The court had made its stand clear in the last hearing in December 2025 that it would hear the petition only when Mallya returns to India. He had instructed Mallya’s lawyer to clarify the situation in this regard. The bench on Thursday said that the businessman will have to file an affidavit clearly stating whether he will return to India or not.

Chief Justice Chandrashekhar said, “When will you return?” You (Mallya) have already argued that you have the right to be heard without being personally present in the court. But first file an affidavit clearly stating this.” Mallya was declared a fugitive economic offender in January 2019 by a special court hearing cases under the Prevention of Money Laundering Act (PMLA).