ED to issue third summons to Vijay Mallya

The Enforcement Directorate (ED) will issue its third summons against beleaguered liquor baron Vijay Mallya who has sought one month's time to present before ED sleuths in Mumbai under the Prevention of Money Laundering Act (PMLA).

Confirming the development, an ED official said on Friday, "The third summons will be issued in the next 48 hours, and the final call on the next date will be decided."

"Further extension could be given to Mallya as the bank loan case against Mallya is getting heard in Supreme Court, so immediate action could not be taken right now. But, all these would be examined on Saturday," a top ED told official Business Standard.

This is the second time that Mallya has been asked to present himself before the ED. He had earlier been summoned to be present in the ED office on March 18.

On Friday evening, Mallya's counsel informed the enforcement agency that he would not be able to make personal appearance before it on the given date and asked to extend the deadline till the first week of May.

"We have already given him two dates and he himself asked for the April date. Now, if he fails or denies to appear, then we will proceed against him under the prescribed law," said an ED source.

Under the prescribed law, if an individual does not comply to present in person after three summons, the ED can move court to obtain a non-bailable warrant (NBW) against the person.

There are other options too, which could be used in case of non-compliance.

ED can request global police agency Interpol to issue a notice against a person residing outside the country. But, this can be only applicable to the person against whom a local court has issued an NBW.

The government can also utilise its diplomatic power. The ministry of external affairs can opt for an extradition request against Mallya. The decision can be taken under the provisions of the extradition treaty existing between India and the UK. Extradition is the legal process involving the transfer of a person accused or convicted of a crime from one country to another.