Held in UK, Mallya can’t be declared a fugitive says his lawyer

Mumbai, Dec 1: Can Vijay Mallya be termed as a fugitive economic offender? His lawyers say no as he was arrested in the United Kingdom and is facing an extradition trial there.

The submission was made by Mallya's counsel Amit Desai before a special court which is hearing a plea by the Indian agencies to declare him as a fugitive economic offender. If the Indian agencies have their way in court then Mallya's properties can be confiscated before trial under the provisions of the Fugitive Economic Offenders Act.

Desai argued that since Mallya was arrested in the UK on the basis of an Indian warrant, an effort was clearly made to execute the warrant. Only when he is concealing himself from the execution, then one can say he is absconding, the counsel also argued.

The ED however said that Mallya was already a proclaimed offender. I is true that we are considering the extradition treaty. Despite being a proclaimed offence, we have not been able to get him and this satisfies the reason that he be declared a fugitive, D P Singh, the counsel for the ED submitted.

Arguments in the case would continue further on Monday.