New Delhi: The Supreme Court on Thursday gave a final opportunity to fugitive businessman Vijay Mallya, accused in a default of over Rs 9,000 crore case involving his defunct Kingfisher Airlines, to appear before it either personally or through the court. through his attorney in a contempt case where he was found. guilty.

The high court said it gave Mallya multiple opportunities to appear either personally or through counsel and even gave specific instructions in its final order dated November 30, 2021.

A panel of Judges UU Lalit, S Ravindra Bhat and PS Narasimha released the contempt case for rehearing after two weeks, saying the contemptuous respondent (Mallya) is free to act as instructed in the order of November 30 last year, failing which the case must be brought to its “logical conclusion”.

Initially, the bench told lead counsel Jaideep Gupta, who has been appointed as an amicus curiae in the case, that they had found the contemptuous offender in contempt of court, and now a penalty had to be imposed.

“According to normal logic, the scorner should be heard, but from this stage he has not appeared in court. What route should the court take,” the bench asked Gupta, adding that officials from the ministry said that some proceedings are underway but the court does not know what.

Gupta said the contemptuous does not need to be physically present and can appear through their attorney, and the court can further clarify this in its order.

Judge Bhat said the case had different colors and that the challenger had abstained from the proceedings.

“The next hearing, the same thing will happen. We will have to pass the sentence in absentia. In this situation, in other countries, the courts are not powerless. We want help in this regard,” said the Judge Bhat.

The bench said this issue should not become a gateway for trial courts to take this route.

“We will have to say that it is in extraordinary circumstances in which he was found guilty and is on the run. We must have appropriate safeguards,” he said.

Gupta said the court should clarify what would happen and what the consequences would be if Mallya did not appear personally or through her lawyer.

Solicitor General Tushar Mehta, representing the Center, said the court had inherent jurisdiction in contempt cases and had given Mallya enough opportunities which he failed to take.

He said it was not the government’s position that anything confidential was happening, but rather that the Indian government had been told by British officials that there was a confidential procedure underway which could not be shared.

The bench asked Gupta, “What should the court do? Should we appoint an amicus for the contemptuous or should we move on? Normally in criminal matters we appoint an amicus to represent the accused.”

Gupta said if no attorney appears for him or makes submissions on his behalf, the court should appoint an amicus curiae to represent the defendant.

The bench then noted in its order that in response to its request in the order dated November 30, 2021, lead counsel Jaideep Gupta has agreed to assist the court as an amicus curiae and submits that on the issue of sentence, this court had granted freedom to the contemptuous. to advance submissions deemed appropriate.

He said the amicus argued that in his view the matter could be adjourned for a short period of time but made it clear that this would be the last opportunity and that in the event he chose not to remain personally present or to make submissions through his lawyer, the court could go further. with matter.

The bench said in regards to the Solicitor General’s argument that the court must clarify that it is not the position of the Government of India that a confidential proceeding is taking place, this issue does not require clarification as the position is clear from November 30, 2021, order.

On November 30 last year, the top court said it could wait no longer and the sentencing aspect of the contempt case against Mallya would finally be dealt with.

Noting that Mallya, who is currently in the United Kingdom (UK), was found in contempt in 2017, and that the case was subsequently to be listed to hear him on his proposed sentence, he had declared that the apex the court had waited long enough.

The high court in 2020 rejected Mallya’s plea seeking a review of his 2017 verdict which found him in contempt for transferring $40 million to his children in violation of court orders.

The Supreme Court noted that according to a desk memorandum, signed by the Assistant Secretary (Extradition) of the Department of External Affairs (MEA), the extradition proceedings have reached finality and Mallya has exhausted all avenues of appeal to the UK.

He had noted that the office memorandum of November 30, 2021 also referred to ongoing proceedings in the UK which are declared confidential and as such no details are disclosed.

The high court had asked lead lawyer Jaideep Gupta to assist as amicus curiae in the case.

On January 18 last year, the Center told the Supreme Court that the government was doing everything possible to extradite

Mallya from the UK, but the process is delayed due to legal issues with the case.

Mallya has been in the UK since March 2016. He is free on bail under an extradition warrant executed three years ago by Scotland Yard on April 18, 2017.

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