New Delhi, March 9
The Supreme Court on Wednesday deferred by a day the hearing with regard to the appearance of businessman Vijay Mallya to decide the quantum of sentence to be awarded to the fugitive for contempt of court.
Mallya, an accused in a bank loan default case of over Rs 9,000 crore involving his now defunct Kingfisher Airlines, has been in the UK since March 2016. He is on bail on an extradition warrant executed by Scotland Yard in April 2017. He has already been found guilty of contempt of court.
A Bench led by Justice UU Lalit, posted the matter for hearing at 2 pm on March 10 after senior advocate and amicus curiae Jaideep Gupta sought adjournment, saying he would be busy in another case.
On February 10, the Bench had given the fugitive businessman the last opportunity to appear before it—either personally or through his lawyer—and posted it for hearing on March 9.
Gupta had earlier said the court has found the contemnor guilty of contempt of court, and punishment has to be imposed.
Solicitor General Tushar Mehta had submitted that the court has inherent jurisdiction in contempt cases and that it has given enough opportunity to Mallya, who has chosen not to appear so far.
Noting that it can’t wait any longer for Mallya’s extradition from the UK, the Supreme Court had on November 30, 2021 decided to go ahead with the proceedings to decide the quantum of sentence to be awarded to him for contempt of court.
“We cannot wait anymore now. Proceedings for extradition have attained finality and the respondent no. 3 (Mallya) has exhausted all avenues of appeal in the United Kingdom…The matter (sentencing in contempt case) shall be dealt with finally on January 18, 2022,” the Bench had said and appointed senior advocate Jaideep Gupta as an amicus curiae to assist it in the case.
The top court had earlier dismissed his plea seeking review of the 2017 verdict which held him guilty of contempt for transferring USD 40 million to his children in violation of court orders. On August 31 last year, the top court had directed Mallya to appear before it on October 5, 2020.
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