Court declares Mallya ‘proclaimed offender’

“The ED application is allowed and proclamation is issued against Vijay Mallya,” ordered Special Judge PR Bhavke. The agency had moved the court to issue an order under Section 82 CrPC and term the liquor baron a proclaimed offender as he has “multiple” arrest warrants pending against him including a non-bailable warrant (NBW) under the Prevention of Money Laundering Act (PMLA).

According to the ED, there are multiple arrest warrants pending against Mallya in various cases like that of cheque bounce and he is also wanted in a money laundering case. The agency has told the court about the status of investigations in the case and the need to get Mallya join the probe. 

A person can be termed a proclaimed offender in a criminal case probe if the court has reasons to believe that the accused against whom a warrant of arrest has been issued by it, has absconded or is concealing himself so that such warrant cannot be executed.

As per Section 82 of the CrPC, the court can publish a written proclamation requiring such an accused to appear at a specified place and at a specified time in not less than 30 days from the date of publishing of such a proclamation. Officials said that the agency also has the option to seek action under Section 83 of the CrPC.