Come back to India or face no hearing: Bombay HC warns Vijay Vittal Mallya on fugitive status plea

The Bombay High Court on Thursday delivered a blunt message to fugitive businessman Vijay Vittal Mallya : return to India or forget about being heard. Refusing to entertain his petitions while he remains abroad, the court made it clear that access to justice cannot be divorced from accountability.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad told Mallya’s counsel in unambiguous terms, “You have to come back. If you cannot come back, then we cannot hear this plea.” The judges were hearing two petitions filed by Mallya — one challenging the order declaring him a Fugitive Economic Offender and the other questioning the constitutional validity of the Fugitive Economic Offenders Act (FEO Act) . The matter has now been posted for February 18 , giving him what the court called a final opportunity to clarify his stand through an affidavit.

Mallya, who has been living in the United Kingdom since 2016, has argued that his physical presence is not necessary for the court to examine the legality of the law. His senior counsel, Amit Desai , submitted that constitutional challenges can be heard without the petitioner being present in person. But the bench appeared unconvinced, warning that continued absence may be recorded as an attempt to avoid due process.

The case traces back to the dramatic collapse of Kingfisher Airlines , once the flagship venture of Mallya’s business empire. Investigating agencies allege that he defaulted on loans exceeding ₹9,000 crore taken from a consortium of banks, engaged in fraud and criminal conspiracy , and diverted funds meant for the airline. He was declared a Fugitive Economic Offender in 2019 , a law that empowers authorities to confiscate assets of individuals who evade Indian courts.

Mallya, however, has consistently denied criminal intent. In public interviews and a recent podcast appearance, he claimed business failure was wrongly branded as fraud and insisted that banks have already recovered more than the principal amount through asset sales.

Solicitor General Tushar Mehta , representing the Centre, countered that Mallya cannot “pick and choose” when to respect Indian law. Extradition proceedings against him in the UK have progressed through multiple stages, though appeals have allowed him to remain there so far.

For now, the High Court’s message is clear: if Vijay Vittal Mallya wants his challenge heard, he must first come home and face the law.