ED moves anti-money laundering court to declare Vijay Mallya an offender

The Enforcement Directorate on Friday moved special anti-money laundering court in Mumbai seeking to declare Vijay Mallya a proclaimed offender, said media reports.

As per PTI reports, the ED made a plea to the special court to issue an order under Section 82 of the Criminal Procedure Code (CrPC) and declare Mallya proclaimed offender in connection with his alleged bank loan fraud case.

ED has also issued 'multiple' arrest warrants against him including non-bailable warrant under Prevention of Money Laundering Act (PMLA), said report.

As per the officials, court is likely to pronounce order on ED's plea on June 13. 

When can a person be termed a "proclaimed offender"?

According to PTI reports, a person can be termed a proclaimed offender in a criminal case probe if the court has reasons to believe that the accused against whom a warrant of arrest has been issued by it, has absconded or is concealing himself so that such warrant cannot be executed.

The cases

As per Section 82 of the CrPC, the court can publish a written proclamation requiring such an accused to appear at a specified place and at a specified time in not less than 30 days from the date of publishing of such a proclamation.

Further, the report mentioned that ED also has the alternative to seek action under Section 83 of the CrPC (attachment of property of person absconding) if Mallya does not comply with proceedings initiated under Section 82.

Till now,  Mallya has failed to respond and has not once appeared in front of court. If the court declares Mallya as offender, it will help ED to extradite Mallya from the UK. 

Earlier, UK had told India that an invalid passport is not reason enough for the country to deport anyone. This makes it difficult for banks to recover their dues of over Rs 9,000 crore and for authorities to try him. 

But, India and UK have an extradition treaty signed between them. Despite the treaty, Mallya can challenge UK court if an extradition order is issued. 

Last week, Interpol had rejected ED's application seeking a Red Corner Notice against Mallya as India failed to prove his 'criminal offences' and there were no valid evidences against him.