The Supreme Court Friday dismissed a plea by beleaguered
businessman Vijay Mallya challenging the proceedings in a Mumbai
court to declare him a fugitive economic offender and confiscate his
properties.
The apex court dismissed the petition for
non-prosecution after the counsel representing Mallya submitted that he was not
getting any instructions from the petitioner in 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 said.
The top court, which had on December 7, 2018 issued
notice to the Enforcement Directorate (ED) on Mallya's plea, had refused to
stay the proceedings on the probe agency's plea before a special Prevention of
Money Laundering Act (PMLA) court at Mumbai seeking the fugitive' tag for him
under the Fugitive Economic Offenders' Act, 2018.
On January 5, 2019, the Mumbai special court had
declared Mallya a fugitive' under the Act.
Under the provisions of the Act, once a person is
declared a fugitive economic offender, the prosecuting agency has the powers to
confiscate his property.
Mallya, who fled to the United Kingdom in March 2016,
is wanted in India over default of Rs 9,000 crore that was loaned to Kingfisher
Airlines (KFA) by several banks.
Mallya had moved the apex court in 2018 challenging
the Bombay High Court order which dismissed his plea seeking a stay on the
proceedings before a special PMLA court in Mumbai on the ED's plea to declare
him a fugitive economic offender under the new law.
"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 high court had said, making it clear that the special PMLA
court would continue with the pending proceedings against Mallya on merits.
In a separate case, on July 11, 2022, the top court
had sentenced Mallya to four months in jail for contempt of court, and directed
the Centre to secure the presence of the fugitive businessman who has been in
the UK since 2016 to undergo the imprisonment.
The top court had said Mallya never showed any remorse
nor tendered any apology for his conduct and adequate punishment must be
imposed to maintain the majesty of the law.
The top court had also imposed a fine of Rs 2,000 on
Mallya, who was held guilty of committing contempt of court by the top court on
May 9, 2017, for transferring USD 40 million (one million = 10 lakh) to his
children in violation of court orders.