What If Vijay Mallya Doesn’t Come Back to India? 

Here is the procedure the ED is likely to follow, post Friday.

2 min read
Vijay Mallya seeks more time to appear before the Enforcement Directorate for questioning. (Photo:<b> The Quint</b>)

On Friday, the Enforcement Directorate issued the second summons to liquor baron Vijay Mallya, asking him to appear on 2 April. On Thursday, Vijay Mallya had written to the ED reportedly seeking time till April to appear before agency officials for questioning. Now, as per the procedure followed by ED in such circumstances, these are some future steps the agency could be contemplating.

What Could be the ED’s Next Step?

The agency serves a minimum of three summonses to an individual. In this case too, the ED is likely to follow the same procedure.

What if Mallya Defies all Three Summonses?

If Mallya defies all three summonses by the investigators, then the ED can move to the court seeking a Non-Bailable Warrant (NBW) against him. It is up to the court to decide whether an NBW should be issued immediately or if a bailable warrant would suffice.

What If Vijay Mallya Doesn’t Come Back to India? 

Can the ED Revoke Mallya’s Passport?

If the court issues an NBW and declares him a ‘Proclaimed Offender’, then the ED can move to the Ministry of External Affairs to revoke Mallya’s passport.

Can Interpol Issue Red Corner Notice After Mallya’s Passport is Revoked?

Once (and if) Mallya’s passport is revoked, the CBI and ED can also seek support from the Interpol for the issuance of a Red Corner Notice. Considering that Mr Mallya is a ‘wilful defaulter’ and has not been accused of any grievous crimes or offences, it may be difficult for the CBI to issue an RCN against him unless they have a strong case.

Can the ED Attach Mallya’s Assets During the Investigations?

The ED can make an interim attachment of the assets in Mallya’s name. Full attachment of property can happen only after the chargesheet is filed. Both the ED and CBI have a list of properties/assets in Mallya’s name.

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