A Delhi court on Wednesday initiated the process of declaring beleaguered businessman Vijay Mallya as a proclaimed offender on the charge of evading summons in a FERA violation case.
The court has now given him the last opportunity to appear before it by December 18.
Chief Metropolitan Magistrate Deepak Shehrawat directed the Enforcement Directorate (ED) to take appropriate steps for initiating the process.
The court passed the order after the ED’s Special Public Prosecutor, N K Matta, informed it that the 'open-ended non-bailable warrant' (NBW) issued against Mr. Mallya was returned as unexecuted and there was no other option but to initiate the process under Section 82 and 83 of CrPC.
The agency is likely to take various steps, including publishing in newspapers regarding the matter.
On April 12, the court issued the 'open-ended NBW', which does not carry a time limit for execution unlike the NBW
'Plea is mala fide'
On November 4 last year, while issuing an NBW against Mr. Mallya, the court observed that he had no inclination to return and had scant regard for the law of the land. It said that coercive process had to be initiated against Mr. Mallya as he was facing proceedings in several cases and evading appearance in those matters. It also held that Mr. Mallya’s plea that he wanted to return to India but was “incapacitated” to travel as his passport was revoked by Indian authorities was mala fide and “abuse of the process of law."
On September 9, Mr. Mallya, who is reportedly in London, submitted before the court that he wanted to come back to India but was “incapacitated” to travel despite “best intentions” as his passport was revoked.
The ED had issued summons to the businessman in connection with the alleged payment of $ 200,000 to a British firm for displaying the 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.
