SC dismisses Vijay Mallya’s plea towards bid to declare him fugitive financial offender

By PTI

NEW DELHI: The Supreme Court Friday dismissed a plea by beleaguered businessman Vijay Mallya difficult the proceedings in a Mumbai court docket to declare him a fugitive financial offender and confiscate his properties.

The apex court docket dismissed the petition for non-prosecution after the counsel representing Mallya submitted that he was not getting any directions from the petitioner within the matter.

“The counsel for petitioner states that the petitioner is not giving any instructions to the advocate for the petitioner. In view of this statement, the petition is dismissed for non-prosecution,” a bench of Justices Abhay S Oka and Rajesh Bindal mentioned.

The high court docket, which had on December 7, 2018 issued discover to the Enforcement Directorate (ED) on Mallya’s plea, had refused to remain the proceedings on the probe company’s plea earlier than a particular Prevention of Money Laundering Act (PMLA) court docket at Mumbai in search of the ‘fugitive’ tag for him below the Fugitive Economic Offenders’ Act, 2018.

On January 5, 2019, the Mumbai particular court docket had declared Mallya a ‘fugitive’ below the Act.

Under the provisions of the Act, as soon as an individual is asserted a fugitive financial offender, the prosecuting company has the powers to confiscate his property.

Mallya, who fled to the United Kingdom in March 2016, is needed in India over default of Rs 9,000 crore that was loaned to Kingfisher Airlines (KFA) by a number of banks.

Mallya had moved the apex court docket in 2018 difficult the Bombay High Court order which dismissed his plea in search of a keep on the proceedings earlier than a particular PMLA court docket in Mumbai on the ED’s plea to declare him a fugitive financial offender below the brand new legislation.

“The application has been filed at the threshold and at a very premature stage when the lower court is still hearing the prosecuting agency’s request to declare him (Mallya) a fugitive economic offender,” the excessive court docket had mentioned, making it clear that the particular PMLA court docket would proceed with the pending proceedings towards Mallya on deserves.

In a separate case, on July 11, 2022, the highest court docket had sentenced Mallya to 4 months in jail for contempt of court docket and directed the Centre to safe the presence of the fugitive businessman who has been within the UK since 2016 to bear the imprisonment.

The high court docket had mentioned Mallya by no means confirmed any regret nor tendered any apology for his conduct and satisfactory punishment should be imposed to keep up the majesty of the legislation.

The high court docket had additionally imposed a fantastic of Rs 2,000 on Mallya, who was held responsible of committing contempt of court docket by the highest court docket on May 9, 2017, for transferring USD 40 million (a million = 10 lakh) to his youngsters in violation of court docket orders.

NEW DELHI: The Supreme Court Friday dismissed a plea by beleaguered businessman Vijay Mallya difficult the proceedings in a Mumbai court docket to declare him a fugitive financial offender and confiscate his properties.

The apex court docket dismissed the petition for non-prosecution after the counsel representing Mallya submitted that he was not getting any directions from the petitioner within the matter.

“The counsel for petitioner states that the petitioner is not giving any instructions to the advocate for the petitioner. In view of this statement, the petition is dismissed for non-prosecution,” a bench of Justices Abhay S Oka and Rajesh Bindal mentioned.googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-8052921-2’); );

The high court docket, which had on December 7, 2018 issued discover to the Enforcement Directorate (ED) on Mallya’s plea, had refused to remain the proceedings on the probe company’s plea earlier than a particular Prevention of Money Laundering Act (PMLA) court docket at Mumbai in search of the ‘fugitive’ tag for him below the Fugitive Economic Offenders’ Act, 2018.

On January 5, 2019, the Mumbai particular court docket had declared Mallya a ‘fugitive’ below the Act.

Under the provisions of the Act, as soon as an individual is asserted a fugitive financial offender, the prosecuting company has the powers to confiscate his property.

Mallya, who fled to the United Kingdom in March 2016, is needed in India over default of Rs 9,000 crore that was loaned to Kingfisher Airlines (KFA) by a number of banks.

Mallya had moved the apex court docket in 2018 difficult the Bombay High Court order which dismissed his plea in search of a keep on the proceedings earlier than a particular PMLA court docket in Mumbai on the ED’s plea to declare him a fugitive financial offender below the brand new legislation.

“The application has been filed at the threshold and at a very premature stage when the lower court is still hearing the prosecuting agency’s request to declare him (Mallya) a fugitive economic offender,” the excessive court docket had mentioned, making it clear that the particular PMLA court docket would proceed with the pending proceedings towards Mallya on deserves.

In a separate case, on July 11, 2022, the highest court docket had sentenced Mallya to 4 months in jail for contempt of court docket and directed the Centre to safe the presence of the fugitive businessman who has been within the UK since 2016 to bear the imprisonment.

The high court docket had mentioned Mallya by no means confirmed any regret nor tendered any apology for his conduct and satisfactory punishment should be imposed to keep up the majesty of the legislation.

The high court docket had additionally imposed a fantastic of Rs 2,000 on Mallya, who was held responsible of committing contempt of court docket by the highest court docket on May 9, 2017, for transferring USD 40 million (a million = 10 lakh) to his youngsters in violation of court docket orders.