Vijay Mallya gets Bombay HC warning over posting court documents on social media

The court issued the warning after Enforcement Directorate (ED) lawyer said that Mallya had uploaded the agency's affidavit on his social media accounts even before it was formally submitted before the court.

The Bombay High Court on Tuesday warned businessman Vijay Mallya against posting court documents on social media while proceedings in his case are pending, saying such conduct “undermines the efficacy of the court”.

Justice Milind Jadhav issued the warning after Enforcement Directorate (ED) lawyer Ashish Mehta told the court that Mallya had uploaded the agency's affidavit on his social media accounts even before it was formally submitted before the court.

According to the ED, the affidavit was filed on September 8 and served to Mallya's legal team the same day. The matter was scheduled to be heard on September 9, Mehta told the court.

However, Mallya allegedly shared the affidavit on social media on the evening of September 8.

Bombay HC asks Mallya's lawyer to warn him

Justice Jadhav asked senior advocate Amit Desai, who appeared for Mallya, to caution his client against repeating the conduct.

“This is not good conduct. This is serious. Please warn him (Mallya) against doing so in future. Whatever he wants to submit he can do so in court,” the court said.

The judge further told Desai: “Please make your client understand, this is not the way to do it....it undermines the efficacy of the court.”

Why is Vijay Mallya before Bombay HC?

Mallya approached the Bombay High Court in 2020 seeking the closure of criminal cases against him. His plea was based on his contention that the dispute with banks had been settled after lenders recovered their dues.

The ED, however, has opposed the plea, arguing that recovery of assets does not by itself absolve Mallya of alleged money-laundering charges.

The agency told the High Court that Mallya continued to evade the process of law in India and that the recovery of assets could not automatically result in the criminal proceedings being dropped.

₹14,131 crore worth of assets handed over to lenders

According to the ED's affidavit, movable and immovable properties worth ₹14,131.6 crore, valued as of August 2021, had been handed over to the SBI-led consortium of lender banks.

The agency maintained that the recovery did not cancel or lead to the dropping of the money-laundering charges against Mallya.

Mallya left India in March 2016 and was declared a proclaimed offender in November that year.

What is the Kingfisher Airlines case?

Mallya is accused of money laundering and allegedly siphoning off at least ₹3,500 crore from loans totalling around ₹9,000 crore granted to his now-defunct Kingfisher Airlines.

The ED attached Mallya's properties in 2016. In 2019, a special court allowed SBI and other lender banks to use the attached movable assets for debt recovery. These assets included shares of United Breweries Holdings Ltd (UBHL).

Mallya subsequently challenged the action before the Bombay High Court in 2020.

Hearing adjourned to October 13

The Bombay High Court on Tuesday adjourned the matter to October 13 and directed the State Bank of India to file its affidavit-in-reply.

The next hearing is expected to consider the lender's response as Mallya's plea seeking closure of the criminal proceedings remains before the court.