Mallya could return, but it won't be a smooth landing

After nearly a decade of silence, Vijay Mallya, the flashy business tycoon who founded one of India's fanciest airlines that eventually went kaput and resulted in him being declared a fugitive economic offender, has re-emerged to tell his side of the story.

- 

The 'King of Good Times' wants to return to India and clear his name if promised a "fair trial and a dignified existence", he said in a podcast recorded in London, where he has resided since leaving India in 2016. "We all know how long detentions and trials can last in India," he said. "That's not justice." But while the former liquor baron has legal remedies available to him to return to India and settle the outstanding cases against him, it won't be a smooth landing, say legal experts.

"If Vijay Mallya steps off a plane in India, the legal chessboard lights up instantly," said Ketan Mukhija, a senior partner at law firm Burgeon Law.

Mallya could voluntarily appear before the court and surrender, thereby invoking his right to apply for bail, including anticipatory bail, Mukhija said. Mallya's legal team, however, would have to contest every existing arrest warrant, lookout circular, and non-bailable order, arguing on grounds of procedural irregularities or the absence of fresh incriminating evidence, Mukhija added.

Article 21 of the Constitution, which guarantees the right to life and personal liberty, including the right to a fair trial, would govern Mallya's request for a 'fair trial', according to Ajay Khatalawala, managing partner at law firm Little & Co.

Mallya can also contest the tag of fugitive economic offender. The tag is proclaimed by a court when an individual accused of a serious financial crime, usually involving large sums, either flees the country or refuses to return to face trial. If Mallya decides to return to India and surrender, he can file a petition seeking to have the declaration of fugitive economic offender rescinded.

However, the court will only consider such relief if it is satisfied that the return is genuine and made without mala fide intent, Khatalawala said.