Delhi HC orders Mallya to face ED investigation

Delhi HC orders Mallya to face ED investigation
PRESS TRUST OF INDIA

NEW DELHI, NOV 23: The Delhi High Court on Thursday rejected United Breweries chairman, Vijay Mallya’s petition seeking quashing of proceedings against him for alleged FERA violation by the Enforcement Directorate (ED), saying there was no merit in his plea.

Justice R S Sodhi, while dismissing Mallya’s petition challenging the ED complaint for his alleged non-compliance of summons issued to him by the Directorate, said “violation of summons issued under Section 40 of FERA is punishable under Section 65 of the Act.”

ED had filed a complaint in the lower court against Mallya alleging that he did not comply with its four summons issued between September 15 and December 21 last year. The ED wanted to question him for alleged violation of FERA relating to spending money on advertisements abroad.

“No person, however, high, mighty, wealthy and influential he might be, is above the law and can treat the judicial proceedings with contempt,” the court said adding there was no reason for it to invervene in the matter.

Mallya’s counsel had contended that as per the High Court ruling in a case in July last year non-compliance of summons issued by the ED would not amount to any penal action under Section 56 of the Act.

However, the court said that the Supreme Court had ruled that failure to attend the ED proceedings would amount to disobedience of its order and was punishable under Section 56.

Section 56 provides a punishment of between six months and seven years jail term and a fine of Rs one lakh if a persons was found guilty under it.