Mallya: Denied rights even criminals avail

Liquor baron Vijay Mallya on Thursday contested the consortium of banks that wants the Supreme Court to prosecute him for contempt of judicial orders.

Mallya, who owes a staggering ₹9,000 crore to the banks, said he was flashed as a “poster boy for defaulting loans” and denied rights, which even the most dreaded criminals get to avail under the law.

His counsel, senior advocate CS Vaidyanathan, argued it was “unique” for the top court to entertain the banks’ contempt application in which they have asked for Mallya’s prosecution for violating the Karnataka high court order.

In 2013, the high court had restrained Mallya from transferring his properties while his dispute with banks and creditors was pending. But the industrialist, who reportedly fled to the United Kingdom last year to allegedly evade legal proceedings initiated against him and the now-defunct Kingfisher, has transferred US$40 million (₹250 wife and three children.

The banks want Mallya to deposit the amount with the financial institutions here and accused him of breaching the court order. The Supreme Court has already issued notice to him.

Vaidyanathan told a bench of justice AK Goel and justice UU Lalit that it cannot supplant a power not in the statute. Assuming Mallya had committed contempt, it was neither wilful disobedience nor deliberate violation, he said. After a day-long hearing, the bench reserved its orders on Mallya’s plea to recall the contempt and the banks’ request to direct him to bring the Diageo money to India.

The court also sought to know from banks how they would enforce contempt proceedings against Mallya. “Supposing we issue contempt proceedings against him, how will it be enforced?” it asked Attorney General Mukul Rohatgi, appearing for the consortium. Rohatgi said the government had initiated extradition proceedings against Mallya.

“A note verbale has been served on the British High Commission and the UK Home