Vijay Mallya skips SC hearing due to 'secret proceedings' in UK; matter adjourned to Nov 2

A Supreme Court bench headed by Justice Uday Lalit on Monday adjourned the contempt case against fugitive businessman Vijay Mallya till November 2 after the latter failed to appear before it. Mallya, residing in the United Kingdom since March 2016, was convicted for contempt of court on May 9, 2017, for not truthfully disclosing his assets and transferring $40 million to his children in violation of the SC's order. After his review plea was dismissed on August 31, 2020, the apex court directed the Ministry of Home Affairs to ensure Mallya's presence during the hearing on October 5.

However, the Ministry of External Affairs informed the SC that there was some delay in the beleaguered businessman's extradition despite the go-ahead from the highest court of the UK. According to the MEA, some "secret proceedings" have commenced which it was not a party to. This comes amid the speculation that Mallya might opt for political asylum, which can delay the extradition process. Thereafter, the bench asked Mallya's counsel to provide clarity on the nature of the confidential proceedings, the approximate time of its completion and information on when the businessman will appear before the SC. 

Read: Court Issues LoR To US For Aiding CBI In Probe Against Mallya

Mallya's plea to appeal in UK SC rejected

Mallya faces serious charges of fraud and money laundering pertaining to the amount borrowed by Kingfisher Airlines (KFA) from several Indian banks. He has been out on bail in the UK since his initial arrest in April 2017. In 2019, he became the first person to be declared as a fugitive economic offender on a plea of the Enforcement Directorate. 

On April 20, the High Court of Justice of the UK dismissed his plea against his extradition to India. The Queen's Division Bench comprising Justices Irwin and Elisabeth Laing did not find merit in Mallya's appeal against the decision of Senior District Judge (SDJ) Arbuthnot of the Westminster Magistrates' Court to sending his case to the Home Secretary. In the verdict, the bench rejected the submission that the SDJ was wrong to find a prima facie case of conspiracy to defraud.

Moreover, it held that there is a prima facie case of misrepresentation, conspiracy and money laundering on the part of Vijay Mallya. Thereafter, the UK High Court on May 14 rejected Mallya's plea to move the UK Supreme Court. In June, the British High Commission in India ruled out the possibility of his early extradition citing that there was another legal matter that needed to be resolved. 

Read: Cannot Set Timeline For Vijay Mallya's Extradition To India: UK Envoy