The Bombay High court Thursday dismissed an application moved by Vijay Mallya seeking relief in the confiscation proceedings before the Special Court under the Fugitive Economic Offenders (FEO) Act. His petition challenging the constitutional validity of FEO is pending before the HC.
A division bench of Justices Akil Kureshi and S J Kathawalla dismissed the application filed by Mallya seeking a stay on the confiscation proceedings before the special court, while his petition questioning the Act remains pending before the High Court. Either that or, he contended, the confiscation orders should be subject to the outcome of petitions before the High Court.
In two separate petitions, being heard by a division bench of Justice Indrajit Mahanty and Justice AM Badar, Mallya has challenged the constitutional validity of the FEO Act and the special court’s order declaring him fugitive. The special court had held that the overall conduct of Mallya suggest his refusal to return of India to face criminal prosecution, while declaring him fugitive on January 5, this year.
An affidavit was attached to the application made by Tushita Patel, holding power of attorney of Mallya, stating that he should be “at least granted protection” pending the hearing and final disposal of petition challenging FEO Act to the effect that whatever orders may be passed hereafter by the special court under the FEO Act will be subject to the final decision of the HC.