ED Moves Court to Declare Vijay Mallya a Proclaimed Offender

The ED made the plea to the court as Mallya has “multiple” arrest warrants pending against him including a NBW.

2 min read
Vijay Mallya. (Photo: Reuters)

The Enforcement Directorate, on Friday, moved a special Prevention of Money Laundering Act (PMLA) court in Mumbai seeking to declare liquor baron Vijay Mallya a proclaimed offender in connection with its money laundering probe.

The ED made a plea to the court to issue an order under Section 82 of the Criminal Procedure Code (CrPC) as Mallya has “multiple” arrest warrants pending against him including a non-bailable warrant under the PMLA.

Official said the court may pronounce its order on the Enforcement Directorate plea on 13 June.

A person can be termed 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 by it, has absconded or is concealing himself so that such warrant cannot be executed

As per Section 82 of the CrPC, the court can publish a written proclamation requiring such an accused to appear at a specified place and time in not less than 30 days from the date of publishing of such a proclamation.

They said the agency also has the option to seek action under Section 83 of the CrPC (attachment of property of person absconding) if Mallya does not comply with proceedings initiated under Section 82.


Separately, the agency is also set to attach his properties worth about Rs 1,400 crore under PMLA.

The ED, which has been investigating Mallya and others in the Rs 900 crore alleged loan fraud of IDBI bank, has virtually exhausted all legal remedies like seeking an Interpol arrest warrant and getting Mallya’s passport revoked.

It is also seeking to invoke the India-United Kingdom Mutual Legal Assistance Treaty (MLAT) to extradite Mallya from Britain.

Mallya had left India on 2 March using his diplomatic passport.

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