The Bombay High Court on Tuesday directed fugitive businessman Vijay Mallya to state on affidavit when he intends to return to India before it considers hearing his plea challenging the constitutional validity of the Fugitive Economic Offenders (FEO) Act, 2018.
A Bench led by the Chief Justice made it clear that Mallya&rsquo;s challenge to the law would not be taken up unless he first submits himself to the court&rsquo;s jurisdiction. &ldquo;We have passed this order on an understanding that the petitions challenging the vires of FEO Act should not be heard in the absence of the petitioner having submitted himself to the jurisdiction of this Court,&rdquo; the Bench observed.
The judges also noted that Mallya has filed a statutory appeal against the order declaring him a fugitive economic offender. While that appeal has been admitted, it is yet to be heard. The Court said both proceedings cannot continue simultaneously and asked Mallya to clarify which petition he wishes to withdraw.
Senior advocate Amit Desai, appearing for Mallya, argued that the financial liability had effectively been settled. He told the Court that although the original dues were around ₹6,000 crore, assets worth nearly ₹14,000 crore belonging to Mallya had already been attached and recovered by banks. &ldquo;We want to close all these matters and want to discharge our liabilities,&rdquo; Desai said, adding that Mallya was entitled to legal representation even while residing abroad.
The Bench, however, questioned the argument, asking, &ldquo;How does one wipe out criminal liability without submitting to the jurisdiction of the Court?&rdquo;
Solicitor General Tushar Mehta, representing the Enforcement Directorate, opposed the plea, stating that fugitives should not be allowed to challenge the validity of a law without first subjecting themselves to Indian courts. He said the FEO Act was enacted to prevent offenders from avoiding the legal process by remaining outside the country while pursuing litigation through lawyers.
Mehta also informed the Court that extradition proceedings against Mallya were at an advanced stage and urged that the pendency of the High Court petitions should not be cited as a defence in proceedings in the United Kingdom.
The Court adjourned the matter to February 12, granting Mallya time to decide which petition he intends to pursue.

HC Seeks Mallya’s India Return Plan Before Plea

Bombay High Court refuses to hear challenge to FEO Act unless Vijay Mallya submits

HC Seeks Mallya’s India Return Plan Before Plea

Bombay High Court refuses to hear challenge to FEO Act unless Vijay Mallya submits

December 23, 2025 | 19:21 IST