‘You have to come back…’: Bombay High Court refuses to hear Vijay Mallya's plea against Fugitive Economic Offenders Act

The Bombay High Court on Thursday, 12 February 2026, reiterated its stance that the judicial body will not hear Vijay Mallya's petition, filed challenging the provisions under the Fugitive Economic Offenders (FEO) Act, till he returns to India to stand trial, reported the news agency PTI.

“You (Mallya) have to come back...if you cannot come back then we cannot hear this plea,” said the Bombay High Court bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad.

According to the agency report, the high court said that Vijay Mallya will first have to clarify whether or not he is going to return to India. He will have to file an affidavit clearly mentioning whether he will return to India or not.

“When will you come? You (Mallya) have already argued that you are entitled to a hearing without your physical presence in a court of law. But first file an affidavit clearly stating so,” said Chief Justice Chandrashekhar, according to the agency report.

The bench also said that it is recording that Mallya is avoiding the process of the high court and hence he will not be able to take benefits of the proceedings.

“We may have to record that you are avoiding the process of the court. You cannot take benefit of the proceedings. In all fairness to you, we are not dismissing the petition but giving you another opportunity,” the court said, as per the news report.

The 70-year-old is facing several cases and charges in India on alleged fraud and money laundering.

According to the agency report, Vijay Mallya's plea is set for a further hearing on 18 February 2026, giving Mallya an opportunity to clarify if he is ready to return to India.

This time, when Mallya's counsel Amit Desai said that there were judgments to show that such pleas can be heard and decided without the physical presence of the petitioner.

The Solicitor General of India, Tushar Mehta, argued that Mallya has challenged provisions of the FEO Act after being declared one.

“He (Mallya) can come to India first and then it can be seen whether he is liable or not liable to pay. He cannot not trust the law of the country,” said Mehta, according to the agency report.

The news report also mentioned that the government of India was contesting the proceedings initiated by Mallya in London against extradition, and the same was in its fag end. Mehta said that realising this, Mallya has challenged the fugitive tag order here.

Mallya was declared a Fugitive Economic Offender in January 2019 by a special court hearing cases under the Prevention of Money Laundering Act (PMLA), and he has left India since March 2016.