The Supreme Court on Monday sentenced fugitive industrialist Vijay Mallya to four months imprisonment and ₹2,000 fine in the contempt of court case against him [State Bank of India & Ors vs Dr Vijay Mallya]..A Bench of Justices Uday Umesh Lalit, S Ravindra Bhat and PS Narasimha directed the Union Home Ministry to secure Mallya's presence to undergo the imprisonment imposed. "In the circumstances, in order to maintain the majesty of law, we must impose adequate punishment upon the Contemnor and must also pass necessary directions so that the advantages secured by the Contemnor or anyone claiming under him are set at naught and the amounts in question are available in execution of the decrees passed in the concerned Recovery Proceedings," the judgment said.The Court also directed Mallya to deposit 40 million USD with interest within four weeks, failing which concerned authorities would be free to take any step towards recovery of the amount.The Court explained that the punishments for contempt was imposed "never showed any remorse nor tendered any apology for his conduct". The fine amount is top be deposited with the Court's Legal Services Committee and the sentence would increase by two months if the same is not given on time. "Needless to say, Government of India including the Ministry of External Affairs and all other agencies or instrumentalities shall carry out the directions issued by this Court with due diligence and utmost expediency. A compliance report shall thereafter be filed in the registry of this court," the bench added..The contempt case against liquor baron was in relation to the bank loan default of over ₹9,000 crores involving the now-defunct Kingfisher Airlines.The Court had held Mallya guilty of contempt of court in 2017 for wilfully disobeying its orders in a petition filed by the Consortium of Creditors (COC) led by the State Bank of India (SBI). Mallya is alleged to have transferred funds into the accounts of other persons in violation of the Court's orders, in addition to making "vague and unclear" disclosures about his assets.The banks had, specifically, alleged that Mallya concealed facts and diverted the money to his son Siddharth Mallya and daughters Leanna and Tanya Mallya in “flagrant violation” of the orders passed by the Karnataka High Court.A Bench led by Justice Lalit had earlier this year observed,"We will list this matter for disposal in January. We cannot wait anymore now. Proceedings for extradition have attained finality and respondent 3 (Vijay Mallya) has exhausted all avenues of appeal in United Kingdom."The Court had also appointed Senior Advocate Jaideep Gupta amicus curiae in the case.In August 2020, the apex court had dismissed the review petition filed by Mallya against the 2017 judgment.Mallya was also directed to be present before the Court for the hearing on his sentencing, but he had failed to do so, considering he had already left India by the time.Subsequently, the Union Ministry of External Affairs had told the Supreme Court that the extradition of Mallya has not been given effect due to some "secret proceedings" initiated against him in the United Kingdom.The Court had eventually proceeded to hear the matter without Mallya. .[Read Order]
The Supreme Court on Monday sentenced fugitive industrialist Vijay Mallya to four months imprisonment and ₹2,000 fine in the contempt of court case against him [State Bank of India & Ors vs Dr Vijay Mallya]..A Bench of Justices Uday Umesh Lalit, S Ravindra Bhat and PS Narasimha directed the Union Home Ministry to secure Mallya's presence to undergo the imprisonment imposed. "In the circumstances, in order to maintain the majesty of law, we must impose adequate punishment upon the Contemnor and must also pass necessary directions so that the advantages secured by the Contemnor or anyone claiming under him are set at naught and the amounts in question are available in execution of the decrees passed in the concerned Recovery Proceedings," the judgment said.The Court also directed Mallya to deposit 40 million USD with interest within four weeks, failing which concerned authorities would be free to take any step towards recovery of the amount.The Court explained that the punishments for contempt was imposed "never showed any remorse nor tendered any apology for his conduct". The fine amount is top be deposited with the Court's Legal Services Committee and the sentence would increase by two months if the same is not given on time. "Needless to say, Government of India including the Ministry of External Affairs and all other agencies or instrumentalities shall carry out the directions issued by this Court with due diligence and utmost expediency. A compliance report shall thereafter be filed in the registry of this court," the bench added..The contempt case against liquor baron was in relation to the bank loan default of over ₹9,000 crores involving the now-defunct Kingfisher Airlines.The Court had held Mallya guilty of contempt of court in 2017 for wilfully disobeying its orders in a petition filed by the Consortium of Creditors (COC) led by the State Bank of India (SBI). Mallya is alleged to have transferred funds into the accounts of other persons in violation of the Court's orders, in addition to making "vague and unclear" disclosures about his assets.The banks had, specifically, alleged that Mallya concealed facts and diverted the money to his son Siddharth Mallya and daughters Leanna and Tanya Mallya in “flagrant violation” of the orders passed by the Karnataka High Court.A Bench led by Justice Lalit had earlier this year observed,"We will list this matter for disposal in January. We cannot wait anymore now. Proceedings for extradition have attained finality and respondent 3 (Vijay Mallya) has exhausted all avenues of appeal in United Kingdom."The Court had also appointed Senior Advocate Jaideep Gupta amicus curiae in the case.In August 2020, the apex court had dismissed the review petition filed by Mallya against the 2017 judgment.Mallya was also directed to be present before the Court for the hearing on his sentencing, but he had failed to do so, considering he had already left India by the time.Subsequently, the Union Ministry of External Affairs had told the Supreme Court that the extradition of Mallya has not been given effect due to some "secret proceedings" initiated against him in the United Kingdom.The Court had eventually proceeded to hear the matter without Mallya. .[Read Order]