UK court case proof that Mallya doesn’t want to return to India: ED
MUMBAI: While seeking to declare businessman Vijay Mallya as a fugitive economic offender, the Enforcement Directorate (ED) on Wednesday submitted in the PMLA court that extradition proceedings held in the UK court offer proof that he does not want to come back to India.
Although the UK magistrate court passed orders to extradite Mallya two days ago, DP Singh, the counsel for ED argued on the plea to declare Mallya as fugitive under the new Fugitive Offenders Act to confiscate all his properties.
Singh was responding to Mallya’s submissions that he cannot be declared as a fugitive as he was arrested and granted bail by a UK court in response to the warrant issued by an Indian court. Mallya had also sought to be exempted from being declared as a fugitive economic offender.
Before Singh could begin with his submissions, special judge MS Azmi put forth several questions for him. “If he was fac- ing a legal battle as per the treaty between India and UK, how could he be termed as fugitive?” the court asked. Singh submitted that as per the law, the term fugitive means a person against whom a warrant is pending in India and who has left the country.
Singh argued that Mallya’s legal team failed to show that he left the country to attend a meeting or for a professional purpose. “Who goes to attend a meeting with 300 luggages,” Singh asked.
Mallya’s lawyer Amit Desai had stated that he left India in “normal course”, and not “under suspicious conditions”, to attend the World Motorsports Meeting in Geneva. Singh also emphasised the fact that Mallya has not expressed willingness to come to India till date. Singh said Mallya’s lawyers, during their reply, have also not said anything about his return.
“He is fighting not to come to India. Mallya claimed that he doesn’t want to return as the case was ‘politically motivated’. He complained the jail condition is bad,” Singh argued, referring to the submissions made by Mallya’s legal team while contesting India’s request for his extradition.
Singh said Mallya is evading returning to India and joining the probe. “There are apprehensions that while staying there he would be tampering with the evidence and we have evidence to show that he has.”
However, the lawyers for the companies who have interest in the properties listed for confiscation, claimed that if the court decides to declare Mallya a fugitive, these companies should be heard as not all his properties are ‘proceeds of crime.’
The court has accepted the request. Meanwhile, Desai also sought time to respond to ED’S submissions. The court is scheduled to hear Desai on Monday.