Mr. Mallya has moved two petitions before the High Court — one challenging the special court’s 2019 order declaring him a fugitive economic offender, and another questioning the constitutional validity of the FEO Act. File
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The Bombay High Court on Tuesday (December 23, 2025) declined to hear absconding businessman Vijay Mallya’s petition questioning the constitutional validity of the Fugitive Economic Offenders Act (FEO Act) unless he first returns to India and submits to its jurisdiction.
Mr. Mallya has moved two petitions before the High Court — one challenging the special court’s 2019 order declaring him a fugitive economic offender, and another questioning the constitutional validity of the FEO Act.
A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that he cannot pursue both pleas simultaneously while remaining abroad.
‘First submit to court’s jurisdiction’
“You will have to make a statement as to when you will return to India; only then we will hear the petition challenging the vires of the FEO Act,” the Bench said, directing him to file an affidavit indicating his timeline. “Come back to India, we are here to provide you with a solution,” the judges added.
The Court clarified that while his appeal against the special court’s declaration can proceed even if he stays overseas, the constitutional challenge requires his presence. “How does one wipe out criminal liability without submitting to the jurisdiction of the Court?” the Bench remarked.
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Senior advocate Amit Desai, appearing for Mr. Mallya, argued that the law does not mandate physical presence for such challenges. “The statute permits a person to question the validity of the Act without being in India. My client has cooperated and his assets worth ₹14,000 crore have been attached against an alleged liability of ₹6,000 crore,” Mr. Desai submitted.
Extradition proceedings
Solicitor General Tushar Mehta, representing the Enforcement Directorate (ED), opposed the plea, citing Section 14 of the Act, which bars fugitives from contesting proceedings while evading Indian courts. He also noted that extradition proceedings in the United Kingdom are at an advanced stage and should not be stalled by these petitions.
Mr. Mallya left India in March 2016 amid investigations into alleged loan defaults by Kingfisher Airlines. He was declared a fugitive economic offender by a Mumbai special court in January 2019 under the FEO Act. Enacted in 2018, the law empowers authorities to confiscate the properties of individuals accused of economic offences involving ₹100 crore or more if they refuse to return and face trial.
The matter has been adjourned to February 12 for Mr. Mallya’s response on whether he will withdraw one petition or indicate a date for his return.
Published – December 23, 2025 07:35 pm IST
