Will not hear plea against fugitive tag if Vijay Mallya does not return to India, warns Bombay HC

The Bombay High Court on Thursday (February 12, 2026) reiterated its stand that it would not consider the petition filed by fugitive businessman Vijay Mallya, challenging the provisions of the Fugitive Economic Offenders (FEO) Act, until he returns to India.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said Mallya will have to first clarify whether or not he will return to India.

“You (Mallya) have to come back…if you cannot come back then we cannot hear this plea,” the HC said.

Mr. Mallya, based in the U.K. since 2016, has filed two petitions in the HC — one challenging an order declaring him as a fugitive economic offender and the other questioning the constitutional validity of the 2018 Act.

The 70-year-old liquor baron is facing multiple cases in India on fraud and money laundering charges.

The Bench, while posting the plea for further hearing on February 18, said it was giving another opportunity to Mallya to clarify if he was ready to return to India.

“We may have to record that you are avoiding the process of the court. You cannot take benefit of the proceedings. In all fairness to you, we are not dismissing the petition but giving you another opportunity,” the Court said.

The Court had on the last hearing in December 2025 made its stand clear that it would hear the petition only if Mr. Mallya returns to India and had asked his counsel to clarify the same.

On Thursday (February 12, 2026), the Bench said the businessman has to file an affidavit clearly stating whether he will return to India or not.

“When will you come? You (Mallya) have already argued that you are entitled to a hearing without your physical presence in a court of law. But first file an affidavit clearly stating so,” Chief Justice Chandrashekhar said.

Senior counsel Amit Desai, appearing for Mr. Mallya, submitted that there were judgments to show that such pleas can be heard and decided without the physical presence of the petitioner.

Solicitor General Tushar Mehta argued that Mr. Mallya has challenged provisions of the FEO Act after being declared one.

“He (Mallya) can come to India first and then it can be seen whether he is liable or not liable to pay. He cannot not trust the law of the country,” Solicitor General Mehta said.

The government of India was contesting the proceedings initiated by Mr. Mallya in London against extradition and the same was in its fag end, Solicitor General Mehta said adding realising that he would soon be extradited, Mr. Mallya has challenged the fugitive tag order here.

The Solicitor General argued that Mr. Mallya in his affidavit has said the banks were wrong to demand money from him.

Senior counsel Amit Desai said the businessman’s properties in India have already been attached by the enforcement agencies.

Mr. Mallya was declared a Fugitive Economic Offender in January 2019 by a special court hearing cases under the Prevention of Money Laundering Act (PMLA).

The businessman, accused of defaulting on multiple loan repayments and facing money laundering charges, left India in March 2016.