Vijay Mallya told the Bombay High Court that he cannot confirm when he will return to India, citing binding court orders in the UK that restrict his travel.
The court questioned his intention to appear and directed his lawyer to submit a detailed affidavit explaining the restrictions and his stand on returning.
The petitions challenge Mallya’s designation as a Fugitive Economic Offender and have been pending since 2019.
On Wednesday, February 18, 2026, UK-based fugitive businessman Vijay Mallya told the Bombay High Court that he is unable to specify when he will return to India, citing legal restrictions imposed by courts in England. The information was conveyed through his lawyer.
The matter relates to two petitions filed by Mallya and was heard by a bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad. Senior advocate Amit Desai, appearing for Mallya, requested that the two petitions be heard separately. He referred to Supreme Court judgments where writ petitions were considered even in the absence of the petitioner.
The two petitions include one challenging Mallya’s designation as a “Fugitive Economic Offender” under the Fugitive Economic Offenders Act (FEOA), and the second contesting the court order that formally declared him a fugitive.
Desai submitted that extradition proceedings against Mallya are currently underway in the United Kingdom and that binding court orders restrict his movement. He stated that his client is aware of these proceedings but is unable to leave the jurisdiction of England and Wales due to legal restrictions.
“He is not permitted to leave or attempt to leave England and Wales or apply for or possess any international travel document. Therefore, the petitioner is unable to precisely state when he will return to India,” Desai read out in court.
The Chief Justice questioned Mallya’s intention to appear before the court, observing that he appeared to be relying on UK court orders without clarifying whether he had challenged them or sought permission to travel. The Bench said such reliance could not be treated as a blanket justification.
The court directed Desai to file a comprehensive affidavit detailing the exact nature of the restrictions, whether those orders had been challenged, and Mallya’s clear stand on returning to India. It also asked Solicitor General Tushar Mehta to file a response to Mallya’s affidavit.
Additionally, the court asked Desai to place all statements made during the hearing on record so that the Union government could respond. Granting three weeks’ time, the Bench adjourned the matter to March 11, 2026, noting that the petitions have been pending since 2019 and that no sincere efforts appeared to have been made for their early disposal.
Earlier, the High Court had stated that it would not entertain Mallya’s plea unless he returned to India and submitted to its jurisdiction. It had asked him to clarify whether he intended to return if he wished to seek relief. The court has repeatedly stressed that a declared fugitive cannot seek equitable relief while remaining outside the reach of Indian law.
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According to the Finance Ministry, Mallya, former promoter of Kingfisher Airlines, is among 15 individuals declared Fugitive Economic Offenders as of October 31, 2025, allegedly causing losses of thousands of crores of rupees to Indian banks. He has been based in the UK since leaving India in March 2016.
Earlier, the Enforcement Directorate informed the court that Mallya had filed affidavits disputing banks’ claims and was attempting to convert money laundering proceedings into recovery litigation. It also argued that he challenged the fugitive declaration only after extradition proceedings in London had reached an advanced stage.
A special court in Mumbai declared Mallya a Fugitive Economic Offender in January 2019, enabling authorities to confiscate his properties under the FEOA. The law allows courts to attach and dispose of assets of individuals who leave India to evade prosecution before the completion of trial.
Solicitor General Tushar Mehta told the court that the Central government had filed an affidavit responding to Mallya’s submissions. He said the affidavit detailed the alleged dues and the recovery of a substantial portion from Mallya’s assets in India. Mehta also stated that Mallya had been absconding since March 2, 2016, and was formally declared a fugitive offender on January 5, 2019.
With Inputs From IANS
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