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Case to declare Vijay Mallya a proclaimed offender to be heard on Jan 4

The ED, on January 4, is likely to press for declaring Mallya a PO since the court has already given him the last opportunity to appear in the case

Press Trust of India  |  New Delhi 

Former Indian politician and billionaire businessman Vijay Mallya arrives for his extradition hearing at Westminster Magistrates Court in London

A will hear on January 4 the issue of whether to declare a proclaimed offender (PO) for allegedly evading summonses in a FERA violation case. The matter could not be heard today by the due to the absence of Deepak Shehrawat, who had initiated the process to declare him a PO after the (ED) informed it that his presence could not be ensured. ED's N K Matta had on the last date of hearing, submitted that it could not ensure the baron's presence despite summonses being sent to his office and residences and the publication of the notice seeking his appearance in the matter in newspapers. The ED, on January 4, is likely to press for declaring a PO since the has already given him the last opportunity to appear in the case. The had on November 8 initiated the process to declare the a PO after it was informed that the open-ended non-bailable warrant (NBW) issued earlier against him had been returned as unexecuted and the agency had no other option but to initiate the process under sections 82 and 83 of the Criminal Procedure Code (CrPC). The had on April 12 issued the open-ended NBW against the baron. An 'open-ended NBW' does not carry a time limit for execution unlike an NBW (non-bailable warrant). On November 4 last year, while issuing the non-bailable warrant against Mallya, the had observed that he had no inclination to return and had scant regard for the law of the land. It had said that coercive process has to be initiated against as he was facing proceedings in several cases and evading appearance in those matters. The had also held that the baron's plea on September 9 that he wanted to return to but was "incapacitated" to travel as his passport had been revoked by Indian authorities, was "malafide" and "abuse of the process of law". On July 9, the had cancelled the exemption from personal appearance granted to Mallya, who is reportedly in London, and directed him to appear before it on September 9. The exemption from personal appearance to was granted in December 2000 on the ED's complaint for evading summonses issued by it. The agency had issued summonses to the in connection with alleged payment of USD 200,000 to a British firm for displaying Kingfisher logo in World Championships in and some European countries in 1996, 1997 and 1998. It had claimed that the money was allegedly paid without prior approval from the RBI in violation of the Foreign Exchange Regulation Act (FERA) norms. In its plea against Mallya, the ED had also sought issuance of non-bailable warrant against the of the defunct to secure his presence in the ongoing trial of the case, which is at the final stage. According to the ED, was summoned on four occasions for questioning in connection with a contract signed in December 1995 with London-based firm for promotion of the Kingfisher brand abroad. When failed to appear before the ED in response to the summons, a complaint was filed on March 8, 2000 before a here and later charges were framed against him under the FERA.

First Published: Fri, December 22 2017. 15:00 IST
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