A special court on Tuesday declared Vijay Mallya as a proclaimed offender on a plea by the Enforcement Directorate (ED) in an ongoing money laundering probe against him. The investigation is in connection with an alleged bank loan default case against him.
The “King of Good Times” fled to Britain on 2 March, 2016. Following his action, the ED filed charges under the Prevention of Money Laundering Act (PMLA) based on an FIR registered last year by the Central Bureau of Investigation in the case.
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Vijay Mallya Declared Proclaimed Offender in Bank Loan Fraud Case
Almost three months later, Mallya hasn’t returned. So the big question now is – Will the special court’s declaration of Mallya as a proclaimed offender change anything? Probably not.
Who Exactly Is a Proclaimed Offender?
A person can be termed as a proclaimed offender in a criminal case probe if the court has reasons to believe that the accused against whom a warrant of arrest has been issued is absconding or concealing himself to avoid the execution of the warrant.
In such a case, the court can, under Section 82 of the CrPC, publish a written proclamation requiring him to appear at a specified place and time within 30 days of publishing such proclamation.
What This Means For Mallya
This means that Mallya will be required to appear before the PMLA court in Mumbai within 30 days.
And if he fails, the ED can move the court for an order to attach his property.
If he does not appear within 6 months after the attachment of properties, they can be disposed off.
Long Legal Battle Ahead?
It still seems like a long legal battle for the Indian agencies. On one hand, Mallya would be under pressure to return to India given the court’s order and the threat of his properties getting attached. On the other, Mallya is expected to not let any attachments of properties in India or anywhere else without contesting it in the court of law.
Moreover, the court’s declaration does not mean Britain is bound to deport Mallya.
As per the procedure laid down for deportation under Immigration Rules of the UK, a person can be deported when a person has been convicted of an offence by a UK court punishable with imprisonment or when the Secretary of State deems the person’s deportation to be conducive to the public good.
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