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Vijay Mallya's counsel challenges fugitive tag in Bombay High Court

He is the first person to be declared so under the new law

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The Bombay High Court on Friday said that fugitive Vijay Mallya should return to India and face the law if he wants the charge against him to be dropped.

A division bench of Justices Indrajit Mahanty and Sarang Kotwal was hearing a petition filed by Mallya against a special court order declaring him as 'fugitive' under the newly-enacted Fugitive Economic Offenders Act (FEOA). He is the first person to be declared so under the new law.

However, Mallya's lawyer Amit Desai said that declaring the latter as fugitive and thereby permitting his assets to be confiscated would only harm the interests of his lenders. Desai called the FEOA Act "draconian". "Prima facie this (the fugitive tag) is unconstitutional...this allows the Centre to confiscate everything, irrespective of whether a property has been bought from the proceeds of crime or not."

To this the bench said, "This tag will go away as soon as your client comes back and faces the proceedings. The property too will be released....So, when is that happening?"

Desai further said that Mallya wants to return but, a British court has prohibited him from leaving the United Kingdom without seeking permission.

"You can volunteer to return. Have you ever gone to this English court and said you want to return (to India) and face pending proceedings?" the judges asked.

The next hearing on the Enforcement Directorate's application, seeking permission to start confiscation proceedings, before the special court is scheduled on March 13.

Advocate Hiten Veneganokar appearing for the Enforcement Directorate sought time to file its reply. The court, accordingly, adjourned the hearing to March 8.

COUNTERPOINT

Mallya’s lawyer Amit Desai said declaring him as fugitive, permitting his assets to be confiscated will harm the interests of his lenders. He also called the Fugitive Economic Offenders Act ‘draconian’

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