Judge Transfer Delays ED’s Bid To Tag Mehul Choksi Fugitive Economic Offender In PNB Fraud Case

Mumbai: The Enforcement Directorate (ED) will have to wait longer to declare businessman Mehul Choksi a fugitive economic offender, as the special judge hearing their plea has been changed, requiring the process to start afresh.

ED’s 2018 Plea to Declare Choksi FEO Still Pending

The ED’s plea, filed in July 2018 to declare Mehul Choksi a fugitive economic offender (FEO), is still pending before the special court, even though his nephew Nirav Modi was declared an FEO in June 2020. Such a declaration is crucial in financial fraud cases as it enables authorities to confiscate assets in India and abroad.

It is claimed that with repeated applications by Choksi to defend himself, ED’s plea remained unheard for a long time. Now the judge who was hearing the case has been transferred and the new judge has taken over the court.

The court has now scheduled the hearing on the plea in the first week of September. Senior advocate Girish Kulkarni said that this is nothing but a flaw of the system wherein the law says that it is fundamental right of the person to defend himself and he needs to be given all opportunities.

“It is a basic principle that a person is said to be innocent till proven guilty. For that he is required to be given all opportunities to defend his case,” Kulkarni added.

Fugitive Choksi Left India in January 2018

Choksi, accused in the Punjab National Bank (PNB) fraud case, is currently in Belgium. Choksi left India on January 2, 2018, claiming he was seeking better medical treatment and never returned.

Meanwhile, the Central Bureau of Investigation (CBI) registered a case against Choksi and his nephew Nirav Modi in February, 2018.

In his defense, Choksi has raised two issues: First, that he could not return as his passport was revoked; and second, that he did not leave India deliberately or to evade charges, but only for medical treatment. At that time, no case was registered against him.

The ED has countered that if Choksi genuinely wished to return, he could have sought help from Indian authorities to facilitate his return.

Now after almost seven and a half years, Choksi has now been arrested in Belgium and Indian agencies are pursuing to extradite him.