Can fugitive economic offenders claim access to justice?
CLAT PG ●●● High importance 23 May 2026
Can fugitive economic offenders claim access to justice?

What happened

Delhi High Court declined to entertain Sanjay Bhandari's appeal in April 2026, invoking Section 14 of Fugitive Economic Offenders Act 2018 for the first time. This creates constitutional tension between access to justice under Articles 14, 21 and judicial discipline. FEO Act disentitles declared fugitive economic offenders from pursuing civil claims. Twenty-one individuals including Nirav Modi, Vijay Mallya declared fugitive economic offenders since 2018. US has similar Fugitive Disentitlement Doctrine but Indian approach is more categorical.

Why it matters

The constitutional dilemma centers on whether individuals who deliberately evade Indian court jurisdiction can simultaneously invoke constitutional protections. Section 14 of FEO Act 2018 empowers courts to deny civil remedies to declared fugitive economic offenders, balancing access to justice with judicial authority preservation. The Supreme Court recognized access to justice as integral to Article 21 in Anita Kushwaha v. Pushap Sudan, establishing that constitutional promises remain illusory without effective court access. However, constitutional rights carry corresponding responsibilities—legal systems cannot function if litigants selectively invoke remedies while refusing judicial submission. Economic offenders possess financial capacity to restructure interests across jurisdictions, frustrating investigations and asset recovery. Parliament enacted FEO Act recognizing existing civil-criminal law inadequacy for economic fugitivity severity. The statute requires ₹100 crore threshold, arrest warrant for scheduled offense, and refusal to return to India. Delhi High Court's April 2026 precedent represents institutional response prioritizing judicial authority over individual remedy claims. Unlike discretionary US Fugitive Disentitlement Doctrine, Indian approach is statutorily mandatory once declaration occurs. This reflects stricter institutional stance on cross-border financial crimes while maintaining that rights must operate within legal process discipline, not defeat constitutional governance itself.
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