Mumbai: The Bombay High Court has warned UK-based businessman Vijay Mallya against posting court documents on social media while his money laundering matter, being investigated by the Enforcement Directorate (ED), is still pending before the court, a lawyer said on Tuesday.
The direction came after the ED objected to Mallya uploading the agency’s affidavit on social media platform X before the High Court had considered its contents.
The court has now posted the matter for further hearing on October 13 and directed the State Bank of India (SBI) to file a fresh affidavit taking into account the disclosures made by the ED.
Bombay HC Questions Mallya’s Position
The High Court is hearing two petitions filed by Mallya. One challenges his designation as a “Fugitive Economic Offender” under the Fugitive Economic Offenders Act (FEOA), while the other challenges the order formally declaring him a fugitive economic offender.
During the proceedings, senior advocate Amit Desai, appearing for Mallya, referred to Supreme Court judgments in which writ petitions had been heard even when the petitioners were not physically present.
Desai also submitted that extradition proceedings against Mallya are continuing in the UK and that his client is aware of the proceedings but is unable to leave the English jurisdiction because of binding court orders.
However, the High Court questioned Mallya’s intention to appear before it and observed that he appeared to be relying on UK court orders without clarifying whether those orders had been challenged.
The Bench indicated that the existence of such orders could not automatically be treated as a blanket justification for his continued absence.
ED Objects To Social Media Disclosure
Advocate Ashish Mehta said the warning regarding social media postings followed the ED’s objection to Mallya making the agency’s affidavit public before the court had examined its contents.
The court had earlier directed Solicitor General Tushar Mehta to file a response to Mallya’s affidavit. It also asked Desai to submit a detailed affidavit recording statements made during the hearing so that the Union government could respond to them.
Mallya had earlier told the High Court in February that he was not in a position to specify when he would return to India. He had cited restrictions imposed by courts in England, which he said prevented him from leaving the country.
The Bombay High Court will take up the matter again on October 13.