Vijay Mallya Faces Ultimatum: Return to India or Forego Fugitive Act Challenge

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The Bombay High Court has given businessman Vijay Mallya a deadline to clarify his intentions regarding his return to India. The 70-year-old liquor baron, who has been based in the UK since 2016, faces trial in India on charges of fraud and money laundering. Mallya has moved two petitions before the high court, challenging the order declaring him a fugitive economic offender and questioning the constitutional validity of the 2018 Fugitive Economic Offenders Act. However, the court has made it clear that it will not hear his challenge unless he first submits to the court's jurisdiction. During a recent hearing, the court raised the issue of Mallya's return, citing the Enforcement Directorate's argument that fugitives should not be allowed to challenge the validity of a law without subjecting themselves to Indian courts. The Solicitor General also stated that extradition proceedings against Mallya are at an advanced stage. Mallya's counsel argued that the businessman's financial liability had been effectively neutralized, with assets worth ₹14,000 crore attached and ₹6,000 crore recovered by lending banks. However, the court questioned how this would affect Mallya's criminal liability. The high court has posted the matter for further hearing on February 12, by which date Mallya must inform the court which petition he intends to proceed with. If he fails to do so, his challenge to the Fugitive Economic Offenders Act may be dismissed. Mallya was declared a fugitive economic offender in January 2019 by a special court under the Prevention of Money Laundering Act. He is accused of defaulting on multiple loan repayments and left India in March 2016. The court's ultimatum has put Mallya in a difficult position, as he must decide between returning to India to face trial or withdrawing his challenge to the Fugitive Economic Offenders Act.