Supreme Court posts Vijay Mallya's contempt of court proceedings for directions, earlier Mallya has been found guilty for the same

  • Gautam Mishra
  • 05:43 PM, 30 Nov 2021

Read Time: 05 minutes

The Supreme Court on Tuesday directed the matter to be listed for direction on sentence in the contempt petition against fugitive Vijay Mallya in which he had been found guilty of contempt of court for not disclosing particulars of his assets.

A bench of Justice UU Lalit, Justice S Ravindra Bhat and Justice Bela M Trivedi noted, "because of certain proceedings which at the relevant time were going on in the United Kingdom, the presence of Mallya could not be secured despite directions of this court."

Mallya had been held for contempt of court in 2017 for not disclosing the the particulars of the assets as directed by the court in a plea filed by State Bank of India. In addition to this apex court had noted that the allegations for contempt are on two counts;

"a) He is guilty of disobeying the Orders passed by this Court in not disclosing full particulars of the assets as was directed by this Court.

b) He is guilty of violating the express Orders of Restraint passed by the High Court of Karnataka in the same Cause from which the present proceedings have arisen."

In connection to which the Court had observed that Mallya is guilty of having committed contempt of court on both the counts. The Court had further observed that "though we have found him guilty of having committed contempt of court, we deem it necessary to give him one more opportunity and also hear him on the proposed punishment."

Whereas, the Court had directed the Ministry of Home Affairs, Government of India, New Delhi to secure and ensure presence of Mallya.

However, due to the ongoing proceedings in UK against Mallya, which has been indicated last year as well, the court has posted the matter for directions on January 18, 20022 while allowing Mallya liberty to advance appropriation.

The Court has also appointed Senior Advocate Jaideep Gupta as amicus curiae in the matter. 

Vijay Mallya, the owner of now defunct Kingfisher Airlines was declared a fugitive economic offender under the Fugitive Economic Offenders Act in 2019. He has been facing a probe by ED after his company made bank loans. The day banks moved the Debt Recovery Tribunal against him on March 2, 2016, Mallya left the country while the ED and the CBI were investigating the matter. 

Case Title: State Bank of India Vs. Dr Vijay Mallya