Mehul Choksi, a key accused in the multi-crore Punjab National Bank (PNB) scam, has asserted before a special court that “reasons beyond his control” have prevented his return to India, thereby contesting the label of a “fugitive economic offender”.
In an application filed on Wednesday before a special Prevention of Money Laundering Act (PMLA) court, Choksi claimed he did not leave India to evade criminal prosecution, nor is he refusing to return.
Instead, he stated his passport had been suspended by Indian authorities, a circumstance that has hindered his return.
Choksi, represented by advocate Vijay Agarwal, requested the court to summon documents pertaining to the suspension of his passport and the investigation files of the Enforcement Directorate (ED) case against him.
This request, Choksi argued, is crucial for the fair adjudication of the matter, given the ED's move to declare him a fugitive economic offender (FEO).
Under the Fugitive Economic Offender Act, 2018, a “fugitive economic offender” is defined as an individual against whom an arrest warrant has been issued in India for a scheduled offence, and who has either left India to avoid criminal prosecution or refuses to return to face prosecution.
Choksi's plea contends that neither condition applies to him.
“The present applicant has neither left India to avoid criminal prosecution nor is he refusing to return to India to face criminal prosecution but has been unable to return due to reasons beyond his control,” the plea stated.
Choksi detailed his predicament, recalling that in February 2018, he informed the ED that he was unable to comply with a summons due to the suspension of his passport.
He attached a notice from the passport office citing “security threat to India” as the reason for the suspension.
The plea argued that the ED’s assertion that Choksi is deliberately avoiding a return is flawed.
“He cannot be expected to return when his passport has been suspended,” the application stated, spotlighting the necessity of bringing the suspension documents on record for the current adjudication.
Additionally, Choksi's plea urged the court to summon the investigation file to determine if the ED possessed any evidence indicating that Choksi left India to evade the alleged bank fraud investigation.
The application highlighted that Choksi departed India for medical treatment well before any First Information Report (FIR) or ED case was registered against him.
This request for the investigation file is crucial, the plea contended, for ensuring a fair adjudication process. Choksi maintained that he left India for health reasons and was unaware of the impending fraud allegations at the time of his departure.
The special PMLA court, which handles cases under the Prevention of Money Laundering Act, has sought the ED’s response to Choksi's application and scheduled the next hearing for June 3.
Choksi, along with his nephew Nirav Modi, is wanted by the ED and the Central Bureau of Investigation (CBI) for allegedly defrauding the Punjab National Bank of Rs 13,400 crore with the complicity of certain bank officials.
The ED has petitioned the special PMLA court to declare Choksi a “fugitive economic offender” for allegedly evading summons to appear before the agency.
The agency also seeks the confiscation of Choksi's properties under the Fugitive Economic Offenders Act, 2018.
The case has garnered significant attention due to the high-profile nature of the accused and the substantial amount involved in the alleged fraud.
The outcome of Choksi's plea and the ED's response will be pivotal in determining the next steps in this high-stakes legal battle.
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