Bombay High Court Demands Vijay Mallya Return India Before Any Relief Granted
Bombay High Court delivers ultimatum: No mercy without surrender.
In a hearing that left no room for ambiguity, the Bombay High Court on Wednesday told fugitive businessman Vijay Mallya in unmistakable terms that he must physically return to India before the court will even consider granting him any relief against the confiscation of his properties by the Enforcement Directorate.
Mallya, who has been living in the United Kingdom since March 2016, had approached the high court challenging the ED’s application to declare him a fugitive economic offender and permanently seize assets worth several thousand crores in connection with the ₹9,000-crore Kingfisher Airlines bank fraud and money-laundering case.
A division bench of Justices G S Kulkarni and Neela Gokhale refused to pass any interim order staying the ED proceedings and made its stance crystal clear: “First you come back to India, only then will we hear your petition.” The judges directed senior advocate Amit Desai, representing Mallya, to inform the court about the exact date when his client intends to return.
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Desai attempted to argue that certain provisions of the Fugitive Economic Offenders Act, particularly those related to attachment and confiscation of properties, suffer from constitutional infirmities and lack safeguards for restoration of assets even if the accused is eventually acquitted. However, the bench remained firm, stating that no substantive relief or stay would be granted until Mallya satisfies the court about his return.
The court has now posted the matter for further hearing on December 23, 2025, and has asked Mallya’s team to file an affidavit clearly stating the timeline of his arrival in India, effectively turning his physical presence into a non-negotiable condition for the continuation of the case on merits.
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