The Bombay High Court on Thursday firmly told fugitive businessman Vijay Mallya that it would hear his petitions only if he returns to India, observing that he cannot evade the legal process while simultaneously seeking relief from an Indian court.

“You have to come back. If you cannot come back, then we cannot hear this plea,” the bench said, making Mallya’s physical return a prerequisite for further proceedings.

Court Says Legal Relief Requires Submission To Jurisdiction

The bench, led by Chief Justice Shree Chandrashekhar, remarked that Mallya appeared to be avoiding the process of law and could not take advantage of filing petitions while remaining outside the country. The court indicated it may record that he is deliberately evading judicial proceedings if he fails to clarify his stance.

The matter concerns two petitions filed by Mallya. One challenges the order declaring him a fugitive economic offender, while the other questions the constitutional validity of the Fugitive Economic Offenders Act.

Posting the matter for further hearing on February 18, the court granted Mallya another opportunity to clarify whether he intends to return to India. It directed him to file an affidavit clearly stating his position.

‘Cannot Take Benefit Of Proceedings’ Says Bench

The court observed that while it was not dismissing the petition at this stage, it would not entertain it unless Mallya submitted himself to Indian jurisdiction. “We may have to record that you are avoiding the process of the court. You cannot take the benefit of the proceedings,” the bench noted.

During a previous hearing in December 2025, the High Court had already indicated that the plea would be heard only if Mallya returned. On Thursday, Chief Justice Chandrashekhar reiterated the requirement, asking when he would come back and instructing him to place his stand on record through an affidavit.

Centre Opposes Plea

Senior counsel Amit Desai, appearing for Mallya, argued that judicial precedents allow petitions to be heard without the petitioner’s physical presence. However, Solicitor General Tushar Mehta, representing the Centre, opposed the plea, contending that Mallya challenged the FEO Act only after being declared a fugitive.

Mallya, who has been based in the United Kingdom since leaving India in 2016, faces multiple cases related to alleged fraud and money laundering.

With the High Court now insisting on clarity regarding his return, the February 18 hearing is likely to determine whether his constitutional challenge to the FEO Act proceeds or stalls due to his continued absence from India.

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