ED confiscated my properties because I am not living in India: Vijay Mallya to court

A special court for Prevention of Money Laundering Act (PMLA) cases is hearing the Enforcement Directorate's (ED) plea to declare Vijay Mallya a fugitive under the Fugitive Economic Offenders (FEO) Act. 

Arguing before judge MS Azmi, Vijay Mallya's lawyer said on Thursday, my client in an application stated that, "ED had sent an application which said that as you are living overseas and not ready to come back to India for a trial, protect your property or your property is either gone or confiscated. I am residing outside the country and could not come to India for the trial. On this basis, ED confiscated my properties which is prohibited by the law."

Mallya's lawyer before court said, "My client is a non-resident Indian (NRI) with a permanent address in London and he had substantial business overseas as well as in India. His properties are attached and confiscated without any proper law. Under PMLA, the person who is charged, has all the rights to defend those procedures and objects which are attached. What ED did is a offence in the wider sense which is prohibited by law."

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Mallya's counsel said before the court that, "My client Vijay Mallya left the country in the normal course and not under suspicious circumstances as claimed by investigating agencies. My client is even ready to sign a consent term with the government for payment of dues to creditors but confiscation of properties will not help anyone. If declared a fugitive under FEO, my client becomes a proclaimed offender, and has to come back and attend the trial. ED's sole objective behind declaring him a fugitive is to confiscate property. How can you confiscate property before the trial?"

Mallya's counsel further stated that, "My client would have been eligible had he fled the country after the Act had been passed and proceedings initiated under it."

On November 22, the Bombay High Court dismissed a plea filed by Vijay Mallya seeking a stay on a request made by the ED to declare him a fugitive economic offender and confiscate his properties. The ED had filed an application before a special PMLA court seeking the 'fugitive' tag for Mallya under the Fugitive Economic Offenders Act, 2018.

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