Why is Vijay Mallya Not Coming Back to India?

The question of whether Vijay Mallya, the former Kingfisher Airlines co-founder, will return to India or if his properties will be seized, raises several intriguing issues. While he is currently under scrutiny for his financial and legal irregularities, there are several reasons why his return seems unlikely in the near future.

Legal and Financial Implications

Commission to Jaitley - Before leaving India, Mallya reportedly paid a commission to Anil Ambani's company, which managed to secure his release. This action, though not illegal, raised ethical concerns and set a precedent that may impact future cases.

Property Seizure and Bank Debts - It is believed that many of Mallya's properties, up to the value of his outstanding bank debts, have already been taken over by various agencies. This process would involve legal proceedings and court decisions to determine the exact value of the assets and their rightful ownership.

Additionally, Mallya's outstanding dues to banks are subject to interest and penalties, which can complicate the situation further. Only a court can finalise the value of these dues and subsequently decide on the legal possession of his assets.

Addressing the Concerns

Contempt of Court and Procedural Irregularities - Despite being declared an Economic Offender Offender, Mallya has faced allegations of procedural irregularities and contempt of court regarding his failure to appear in court. These factors might delay his return to India, as legal processes need to be completed.

Employee Dues and Kingfisher Airlines - Mallya also owes significant sums to his employees, Kingfisher Airlines staff, and other creditors. Any failure to resolve these debts could make his return more complex and may affect the timeline of his potential prosecution.

Current Status and Future Prospects

Addressing Public Sentiment - It is essential to avoid creating a situation where the public becomes overly aggressive or vindictive towards Mallya. Every business failure should be evaluated critically and without prejudice. Public sentiment can be influenced by personal biases rather than objective facts.

According to an article from the Economic Times on March 3, 2023, the Supreme Court had stated that Mallya should face "adequate punishment to maintain the majesty of the law." This does not justify public abuse or unfounded accusations.

Legal and Administrative Proceedings

Legal Formalities in UK - As of this writing, Mallya remains in the UK. There are ongoing legal proceedings in the UK. Before he can be considered for return to India, the legal formalities in the UK must be completed. India cannot pursue legal action abroad without the necessary administrative and legal backing.

Appeal Process and Timeline - Mallya has the option of pursuing one more appeal, possibly before the Supreme Court of the UK. This could take some time, and it is uncertain when he might be back in India. However, it is possible that he may return by September-October 2020, pending the outcome of these appeals and legal processes.

Ultimately, the return of Vijay Mallya and the seizure of his properties depend on a series of legal, financial, and administrative factors that need to be addressed thoroughly. It is important to approach this situation with a nuanced understanding of the legal complexities involved.

For more information and updates, read this extract from Economic Times on March 3, 2023.