Mumbai (Maharashtra) [India], A special PMLA court in Mumbai said that fugitive Indian businessmen Nirav Modi, Vijay Mallya and Mehul Choksi fled the country as the investigating agencies failed to arrest them in due time.
The court made these observations while hearing an application filed by PMLA case accused Vyomesh Shah for modification of his bail conditions in a case investigated by the Enforcement Directorate (ED).
In an order dated May 29, special PMLA judge MG Deshpande said, "LD SPP Shri Sunil Gonsalves strongly argued that if such application is allowed, it would lead to situations like Nirav Modi, Vijay Mallya, Mehul Choksi etc. I have carefully examined this argument and consider it necessary to note that all these persons absconded due to the failure of the investigating agencies concerned to arrest them at the appropriate time."
The special PMLA court allowed Shah's application, although the ED opposed it, saying that the court has been so kind that it has allowed him to travel abroad from time to time on terms and conditions.Further, the ED, while arguing for rejection of the application, said that if the application is allowed, the applicant may flee the jurisdiction and go into hiding without making himself available during the trial. The investigating agency told the court that there was a possibility of evidence being tampered with.
After the arguments, the court said that in several previous orders, this court has boldly observed and taken note of how the ED has been trying to do its job through the court, when they have failed to do so, i.e. under Section Arrest of accused under. 19 PML Act and their failure to do so at the appropriate time was concealed.
“It is just because it is the ED that allows such a person to be innocent without any apprehension of foreign travel, tampering and obstruction of evidence, flight risk, apprehension of dealing with POC and assisting in the said process etc. , but for this, when such a person appears before the Court for the first time, all such arguments and objections come as a surprise to the Court, therefore this Court has repeatedly taken the firm stand that, the Court cannot do what ED basically failed to do.While hearing Shah's petition.
Mehul Choksi is a fugitive Indian businessman who currently resides in Antigua and Barbuda, where he holds citizenship. Choksi, along with his nephew Nirav Modi, is wanted by Indian authorities in the Punjab National Bank (PNB) scam, where it is alleged that the Choksi-Modi duo defrauded the bank of over Rs 14,000 crore.
Reportedly, PNB exposed the scam on January 25, 2018, and submitted a fraud report to the Reserve Bank of India (RBI) on January 29. Subsequently, an arrest warrant was issued against Choksi, who is wanted in India for criminal conspiracy. Breach of trust, fraud and dishonesty, including misappropriation of property, corruption and money laundering.Choksi had fled the country to Antigua and Barbuda in January 2018, days before the PNB scam was exposed.
Fugitive Nirav Modi is currently in a British jail and is awaiting extradition. The Ministry of External Affairs (MEA) then suspended the passports of both Nirav Modi and Mehul Choksi.
Liquor businessman Vijay Mallya, another fugitive accused in a bank loan default case of over Rs 9,000 crore, is in the UK.
The court made these observations while hearing an application filed by PMLA case accused Vyomesh Shah for modification of his bail conditions in a case investigated by the Enforcement Directorate (ED).
In an order dated May 29, special PMLA judge MG Deshpande said, "LD SPP Shri Sunil Gonsalves strongly argued that if such application is allowed, it would lead to situations like Nirav Modi, Vijay Mallya, Mehul Choksi etc. I have carefully examined this argument and consider it necessary to note that all these persons absconded due to the failure of the investigating agencies concerned to arrest them at the appropriate time."
The special PMLA court allowed Shah's application, although the ED opposed it, saying that the court has been so kind that it has allowed him to travel abroad from time to time on terms and conditions.Further, the ED, while arguing for rejection of the application, said that if the application is allowed, the applicant may flee the jurisdiction and go into hiding without making himself available during the trial. The investigating agency told the court that there was a possibility of evidence being tampered with.
After the arguments, the court said that in several previous orders, this court has boldly observed and taken note of how the ED has been trying to do its job through the court, when they have failed to do so, i.e. under Section Arrest of accused under. 19 PML Act and their failure to do so at the appropriate time was concealed.
“It is just because it is the ED that allows such a person to be innocent without any apprehension of foreign travel, tampering and obstruction of evidence, flight risk, apprehension of dealing with POC and assisting in the said process etc. , but for this, when such a person appears before the Court for the first time, all such arguments and objections come as a surprise to the Court, therefore this Court has repeatedly taken the firm stand that, the Court cannot do what ED basically failed to do.While hearing Shah's petition.
Mehul Choksi is a fugitive Indian businessman who currently resides in Antigua and Barbuda, where he holds citizenship. Choksi, along with his nephew Nirav Modi, is wanted by Indian authorities in the Punjab National Bank (PNB) scam, where it is alleged that the Choksi-Modi duo defrauded the bank of over Rs 14,000 crore.
Reportedly, PNB exposed the scam on January 25, 2018, and submitted a fraud report to the Reserve Bank of India (RBI) on January 29. Subsequently, an arrest warrant was issued against Choksi, who is wanted in India for criminal conspiracy. Breach of trust, fraud and dishonesty, including misappropriation of property, corruption and money laundering.Choksi had fled the country to Antigua and Barbuda in January 2018, days before the PNB scam was exposed.
Fugitive Nirav Modi is currently in a British jail and is awaiting extradition. The Ministry of External Affairs (MEA) then suspended the passports of both Nirav Modi and Mehul Choksi.
Liquor businessman Vijay Mallya, another fugitive accused in a bank loan default case of over Rs 9,000 crore, is in the UK.
