Mallya has to return immediately: legal expert

Our Bureau Bengaluru | Updated on January 20, 2018

Former liquor baron Vijay Mallya will be forced to return to the country if the Ministry of External Affairs decides to unilaterally revoke his passport.

“He will immediately become persona non grata in the country where he resides currently, and that government will deport him back to the country of origin,” a legal expert with a law firm told BusinessLine.

She said that under Section 10 of the Passport Act, Mallya cannot even file an appeal, and hence has to return immediately if he is unable to effectively convince the authorities that his passport should not be impounded.

Mallya’s diplomatic passport was suspended by the Ministry after appeals from the Enforcement Directorate, which had issued him three summons.

Mallya had, through his lawyers, said that he will not be able to return to the country as it was not the right time for him to do so.

Time to respond

The Ministy has given him a week’s time to respond, while the passport itself has been suspended for four weeks. In case he does not respond, his passport will be revoked.

However, a lawyer for one of the lenders said that there is a possibility of Mallya finding a legal loophole to keep himself away from the country. However, the lawyer did not elaborate what that could be.

Sources in UB Holding said there was no need for Mallya to fear areturn to India. He said most of the cases are civil cases, and hence he will be asked to make appearances in court, whenever he is summoned.

Published on April 15, 2016

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