FERA violation case: Court declares Vijay Mallya ‘proclaimed offender’

On November 4, 2016 while issuing non-bailable warrant against Mallya, the court had observed that he had no inclination to return and had scant regard for the law of the land.

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Vijay Mallya. (AP File Photo/Matt Dunham)

A Delhi court on Thursday declared businessman Vijay Mallya a “proclaimed offender” for evading summons in a FERA violation case.

Chief Metropolitan Magistrate (CMM) Deepak Sehrawat also directed the Enforcement Directorate (ED) to start the process under Section 83 of the Criminal Procedure Code — attachment of property of person absconding — and fixed the next date of hearing on March 27.

During the hearing, Special Public Prosecutor N K Matta submitted to the court that the process under Section 82 of the CrPC — when a warrant is returned unexecuted, then a court may direct to publish a written proclamation requiring the person to appear — has already been executed against the accused. He submitted that proclamation of accused has been published in local newspapers in English and Kannada.

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“More than 30 days have been passed but accused failed to appear before this court. The accused may be declared PO,” the prosecutor submitted.

CMM Sehrawat said: “Keeping in view the submissions made and the fact that the accused Vijay Mallya failed to appear before this court despite lapse of more than 30 days and no representation has been made on his behalf, accordingly, Mallya is declared as proclaimed offender in the present case. Let process under section 83 CrPC be issued against the accused Mallya through complainant for 27.3.2018.”

On November 4, 2016 while issuing non-bailable warrant against Mallya, the court had observed that he had no inclination to return and had scant regard for the law of the land. It had said that coercive process has to be initiated against liquor baron Mallya as he was facing proceedings in several cases and evading appearance in those matters. The court had also held that Mallya’s plea, that he wanted to return to India but was “incapacitated” to travel as his passport had been revoked by Indian authorities, was “malafide” and “abuse of the process of law”.

The case dates back to 1990s when the agency issued summons to the businessman in connection with an alleged payment of $200,000 to a British firm for displaying Kingfisher logo in Formula One World Championships in London and some European countries in 1996, 1997 and 1998. It had claimed that the money was allegedly paid without prior approval from the RBI in violation of FERA norms.