Vijay Mallya evading summons: ED explains steps taken before court

On November 4 last year, while issuing NBW against Mallya, the court had observed that Mallya had no inclination to return and had “scant regard” for the law of the land.

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Vijay Mallya outside a court in London on Monday. (AP File Photo)

The Enforcement Directorate (ED) on Monday told a Delhi court that it had executed the process under Section 82 of the Code of Criminal Procedure (CrPC) against chairman of the now-defunct Kingfisher Airlines, Vijay Mallya, for allegedly evading summons in a FERA violation.

Section 82 of the CrPC states that when a warrant is returned unexecuted, a court may direct to publish a written proclamation requiring the person to appear.

ED’s special public prosecutor N K Matta had earlier told the court that an open-ended non-bailable warrant (NBW) issued against Mallya earlier had also “returned unexecuted”.

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The agency informed chief metropolitan magistrate Deepak Shehrawat about the steps it had taken, including sending summons to Mallya’s office and residences and publishing notices in various newspapers seeking his appearance in the matter.

The court has now posted the matter for December 22 when the ED might press for declaring Mallya a proclaimed offender as the court had already given him the last opportunity to appear on December 18 in the case.

On November 4 last year, while issuing NBW against Mallya, the court had observed that Mallya 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 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also held that Mallya’s plea, that he wanted to return to India but was “incapacitated” to travel as his passport had been revoked by Indian authorities, was “malafide” and “abuse of the process of law”.

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