Hindustan Times ST (Mumbai)

ED moves court to declare Mallya a fugitive, seeks to freeze assets

Investigat­ive agency files for confiscati­on of properties worth about ₹12,500 crore

- P Suchetana Ray Vijay Mallya

MUMBAI/NEW DELHI: The Enforcemen­t Directorat­e (ED) has moved court against Vijay Mallya to declare the businessma­n a “fugitive economic offender.” It’s the first instance of the agency seeking to get a suspect in an economic offence declared a fugitive after the promulgati­on of the Fugitive Economic Offenders Ordinance in April.

Once he is declared a fugitive economic offender, ED, which investigat­es violations of foreign exchange rules and money laundering, will be able to freeze assets directly or indirectly held by Mallya such as benami properties, or assets held in another person’s name or a fictitious name.

ED, which filed the applicatio­n in a special court in Mumbai, said the “estimated value of properties proposed for confiscati­on is to the tune of ₹12,500 crore approximat­ely, which includes immovable properties as well as movable properties in the form of shares.”

Mallya, a former liquor baron, flew out of India to London in March 2016 as creditors of his Kingfisher Airlines zeroed in on him to recover more than ₹9,000 crore of dues owed by the defunct airline.

ED claimed hat Mallya “was alienating his assets by disposing of the properties held in the name of the companies which were indirectly controlled by him and also was getting funds outside India by way of having a deal with Diageo Plc.”

Mallya flew to London within days of signing a $75 million dolhe lar sweetheart deal with Diageo, under which he agreed to resign as non-executive chairman of United Spirits Ltd, a company once controlled and which was acquired by the British spirits maker.

As per the process, the court will now issue summons to Mallya to appear before it, and he will be declared a “fugitive economic offender” if he fails to turn up.

A “fugitive economic offender” is a suspect who has fled India to avoid facing crimi- nal prosecutio­n for an offence that is to the tune of more than ₹100 crore and involves defrauding creditors and money laundering, among other crimes.

In its applicatio­n before the court, ED said Mallya “had no intention to repay the loans from the start and though he and Ms UBHL (United Breweries Holdings Limited) had substantia­l assets that were sufficient to repay the loans, they intentiona­lly withheld the details from the banks.”

The agency said that it had already attached assets of Mallya worth ₹8,040 crore for money laundering.

ED has filed two charge sheets against Mallya for defaulting on loans owed to IDBI Bank and a consortium of creditors led by State Bank of India. Based on the ED action, nonbailabl­e warrants have been issued against Mallya.

Top ED officials said on condition of anonymity that the agency will now move court against jewellers Nirav Modi and his uncle Mehul Choksi to get them declared as fugitive offenders.

The two, who are also abroad, are the main suspects in a ₹14,000 crore fraud at Punjab National Bank.

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AFP/FILE
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