New Delhi: Liquor baron Vijay Mallya today sought dismissal of Enforcement Department's (ED) plea for withdrawal of an exemption granted to him from personal appearance by a Delhi court in a case lodged for allegedly evading summons in connection with FERA violation case.
Chief Metropolitan Magistrate Sumit Dass fixed the matter for further hearing on Mallya's reply to ED's plea, which was filed through his counsel.
The court had in December 2000, allowed Mallya's plea seeking permanent exemption from personal appearance.
In his reply, the businessman submitted that "his physical appearance is not required at the stage of final arguments since a duly authorised counsel on his behalf has been appearing before the court on each date of hearing."
"Accused has diligently complied with all the directions of this court. It is also evident from the record that there is neither any allegation against the accused for violating the directions of this court nor any misuse of the liberty granted by this court at any stage of trial.
"Therefore, the application filed by the complainant (ED) seeking physical appearance of the accused is completely misplaced, untenable and unsustainable in the eyes of law," the reply said.
The court had issued notice to Mallya on ED's plea which has also sought issuance of non-bailable warrant against the Chairman of the now-defunct Kingfisher Airlines to secure his presence in the ongoing trial of the case.
The court, on the last hearing, had asked the accused to file a "proper reply" to ED's plea after noting that the reply filed by Mallya, through his lawyer, did not bear the former MP's signatures.
ED's application, filed through prosecutor N K Matta, has requested the court to direct the accused for his physical appearance in the case which is at its final stage.
