“You Have to Come Back”: Bombay High Court Turns Down Vijay Mallya Plea

The Bombay High Court on February 12, 2026, reiterated that it will not consider Vijay Mallya’s challenge to the Fugitive Economic Offenders Act until he physically appears in India, signalling a firm stance on court‑ordered presence.
Court Decision Requires Mallya’s Return
Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad told Mallya’s counsel that the petition cannot proceed without an affidavit confirming his intention to return.
The bench recorded that Mallya appears to be avoiding the court process and therefore cannot benefit from the proceedings. The judges offered an additional opportunity but stressed that physical presence is essential.
Background of the Fugitive Economic Offenders Act and Mallya’s Status
Mallya was declared a Fugitive Economic Offender in January 2019 by a special court handling cases under the Prevention of Money Laundering Act.
He has been residing in the United Kingdom since March 2016 and faces multiple fraud and money‑laundering charges in India. His earlier petitions questioned both the declaration and the constitutional validity of the 2018 Act.
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Legal Arguments Presented by Both Sides
Mallya’s counsel, Amit Desai, cited precedents allowing petitions to be heard without the petitioner’s physical presence.
The Solicitor General of India, Tushar Mehta, countered that the challenge must follow the legal requirement of returning to India first, emphasizing respect for the law and ongoing extradition proceedings in London.
Next Hearing and Procedural Implications
The matter is scheduled for a further hearing on February 18, 2026. The court will assess whether Mallya files the required affidavit and clarifies his plans to return.
Until then, the petition remains pending, and the court’s position underscores the importance of personal appearance in high‑court matters.
Conclusion
The Bombay High Court has made it clear that Vijay Mallya’s petition against the Fugitive Economic Offenders Act will only be entertained if he returns to India and submits an affidavit confirming his intent. The next hearing on February 18, 2026 will determine the next procedural steps.
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Published on: Feb 13, 2026, 11:44 AM IST

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