India cannot tell the exact date of return… Know why Vijay Mallya said this in his statement in the court

New Delhi : The legal troubles of Vijay Mallya, who is facing allegations of fraud and money laundering worth thousands of crores of rupees in India, are not showing any sign of abating. During the hearing held in the Bombay High Court on Wednesday, Mallya clarified through his lawyer that he is not in a position to return to India at present. He has cited international legal hurdles and lack of passport behind this. The court has now asked the Central Government to clarify its stand in this matter.

Mallya’s lawyer’s argument in court

Let us tell you that the bench of Chief Justice of Bombay High Court Shri Chandrashekhar and Justice Gautam Ankhad had adopted a strict stance last week. The bench had made it clear that unless Vijay Mallya himself returns to India and appears before the court, his petitions filed against the order declaring him a ‘fugitive economic offender’ will not be heard. In response to this order, Mallya, through his lawyer Amit Desai, expressed his helplessness and expressed his inability to return.

Citing passport and British restrictions

In fact, Mallya’s lawyer told the court that in 2016 itself, the Indian government had canceled his passport. Without this important document required for travel, they cannot travel internationally even if they want to. Additionally, the courts of England and Wales have imposed a legal ban on him from leaving Britain. Due to these two big reasons, 70 year old Mallya is currently completely unable to give any definite deadline for returning to India.

Question on validity of fugitive law

Vijay Mallya has mainly filed two petitions in the High Court. The first petition is against the decision to declare him a ‘fugitive economic offender’. In the second petition, he has challenged the legal validity of the entire ‘Fugitive Economic Offenders Act’. Mallya argues that some provisions of this law are not compatible with the Indian Constitution. However, the court believes that before discussing these arguments, it is necessary for the criminal to be physically present in India.

It is mandatory for the client to be in India for the action to take place.

Mallya’s lawyer Amit Desai argued that it should not be mandatory for his client to be personally present in India to challenge the validity of the law. He argued that if Mallya returns to India, all these legal proceedings will automatically become meaningless. According to the law, when the criminal appears before the concerned court, the orders declaring him a fugitive are automatically cancelled. Therefore, permission should be given to hear the original petition.

HC issued notice to the central government

After hearing Mallya’s latest statement and legal arguments, the Bombay High Court has issued a notice to the Central Government in view of the seriousness of the matter. The court has directed the government to file its formal reply on these new arguments given by Mallya. Now the next hearing of this case has been fixed for next month. Till then, there will be no decision on Mallya’s petitions, due to which his extradition process and legal battle in India seems to be getting longer.