Overview
- The division bench said Mallya’s constitutional challenge to the FEO Act will not be taken up unless he submits to the court’s jurisdiction.
- The court allowed that challenges to orders under the Act may proceed in his absence but refused to entertain a vires challenge without his return.
- Mallya has filed two petitions—against his 2019 fugitive declaration and against the Act itself—and the bench said he must choose one to pursue.
- Solicitor General Tushar Mehta told the court extradition efforts in the UK are at an advanced stage and cautioned against letting fugitives litigate constitutional questions from abroad.
- Mallya’s counsel cited assets attached at about ₹14,000 crore against alleged liabilities of roughly ₹6,200 crore, but the bench said repayment does not extinguish criminal liability; the next hearing is on February 12, 2026.