Quickly after diamond tycoon Mehul Choksi’s arrest by Belgium police was confirmed earlier this week, his lawyer Vijay Aggarwal claimed that the businessman was “not a fugitive, however a most cancers affected person”. Aggarwal informed the media that Choksi would contest the arrest and oppose the extradition request on ‘humanitarian and political grounds’.
“It is a political case. My shopper is just not a flight threat and is gravely sick. He’s present process remedy for most cancers and has persistently provided to cooperate by way of video convention. His human rights shall be severely compromised if he’s extradited to India. We’re submitting an enchantment instantly,” the lawyer mentioned in interviews and statements.
Choksi, 65, is the topic of a probe by Indian investigation businesses—the ED and CBI—right into a ₹13,500-crore Punjab National Bank (PNB) mortgage fraud that has been evading authorities since 2018.
Aggarwal, his lawyer, mentioned his shopper was not categorised as a fugitive beneath Indian regulation as a result of he remained involved with investigation businesses and had by no means evaded cooperation. “Now we have filed a number of functions providing that he’ll be a part of the investigation just about. Regardless of his willingness, he couldn’t journey again on account of critical well being constraints,” he mentioned.
Plea Pending in Courtroom
Choksi has not formally declared a Fugitive Economic Offender (FEO) beneath Indian regulation. The Enforcement Directorate (ED) filed an software to declare him an FEO in July 2018. The plea has been pending in a Mumbai courtroom for practically seven years, delaying the formal designation, in line with a report by information company PTI.
Choksi was arrested in Belgium following an extradition request by Indian probe businesses, official sources mentioned on Monday. The ED had filed the appliance in July 2018, searching for to declare Choksi an FEO and confiscate his property beneath provisions of the Fugitive Financial Offenders (FEO) Act.
Nonetheless, the matter has witnessed repeated delays owing to a barrage of functions filed by the accused within the PMLA courtroom and the Bombay Excessive Courtroom alleging procedural lapses within the ED’s plea.
“The courtroom is saved busy with frivolous functions, and listening to on our software to declare him (Choksi) an FEO has been adjourned for the previous seven years,” an ED officer had mentioned after the listening to was as soon as once more deferred this February.
What does the regulation say?
Below the FEO Act, a person may be declared a Fugitive Economic Offender if a warrant has been issued in opposition to him for an offence involving ₹ 100 crore or extra and he has left India whereas refusing to return. As soon as declared an FEO, the particular person’s property may be confiscated by the investigating company.
Choksi had challenged the ED’s software within the Bombay Excessive Courtroom, alleging that the company “had not adopted correct process earlier than submitting the appliance and, therefore, it stands vitiated”.
Nonetheless, in September 2023, the Excessive Courtroom dismissed his plea, ruling that the ED had adhered to the prescribed format beneath the FEO Act. It additionally vacated a keep on the particular courtroom’s proceedings.
Nonetheless, the listening to on declaring Choksi FEO couldn’t start. Choksi’s newest try to stall proceedings by way of a plea to recall the discover issued on the ED’s FEO software was rejected in December 2023.
GOI calls his fugitive
Choksi left India beneath suspicious circumstances in early January 2018, in line with ED officers. He’s referred as a ‘fugitive’ in authorities and courtroom paperwork, in line with individuals conscious of the case.
However Choksi’s counsel has argued that the ED saved shifting its stance on the fabric grounds for declaring him an FEO and that the suspension of his Indian passport made it inconceivable for him to return for investigation.
ED claims the accused left the nation beneath suspicious circumstances within the first week of January 2018.
Nirav Modi declared a fugitive
Choksi, the diamond dealer and the proprietor of Gitanjali Group, is needed in India in reference to a ₹13,500-crore PNB financial institution mortgage fraud case. Alongside along with his nephew Nirav Modi, Choksi is accused within the PNBrip-off.
Choksi, Modi, their members of the family and staff, financial institution officers and others had been booked by the ED and CBI in 2018 for perpetrating the alleged fraud within the Brady Home department of the PNB in Mumbai.
Nirav Modi has already been declared as an FEO by the particular courtroom. Modi has been lodged in jail in London since 2019.
Does it impression his extradition?
Choksi has been arrested in Belgium following an extradition request moved by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) – the 2 businesses probing his involvement within the PNB rip-off . His fugitive designation will not impression the method of extradition, nevertheless.
If declared a fugitive, the standing would empower investigation businesses to confiscate Choksi’s property in India and overseas, facilitating additional authorized actions in opposition to him.
It is a political case. My shopper is just not a flight threat and is gravely sick.
Choksi was positioned in Belgium final yr when he went there on the grounds of getting medical remedy. He had been staying in Antigua since 2018 after leaving India.
Choksi left India beneath suspicious circumstances in early January 2018.
