Mumbai: The Enforcement Directorate (ED) told the special court on Thursday that fugitive businessman Mehul Choksi does not want to return to India, as he is contesting extradition proceedings in Belgium.
Plea to Declare Choksi Fugitive 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.
Choksi’s Lawyers Seek Dismissal
Choksi’s lawyers had months after his arrest in Belgium moved a plea seeking to dismiss the plea filed by the ED wherein the agency had sought to declare Choksi as FEO.
Defence Argument
It was pleaded that “Applicant (Choksi) is currently in custody for cases pending in India for which extradition request was made by Indian authorities in Belgium and therefore, the application filed by ED seeking to declare him as an FEO deserves to be dismissed as he is already in custody for cases in India.”
ED Counters Custody Claim
Contesting the plea, additional solicitor general Anil Singh, who appeared with ED prosecutor Kavita Patil, contended, “He is not handed over to Indian agencies.” Singh argued that, if he so desires, he can come to India and the agency might consider not pressing with the application to declare him an FEO.
ED Calls Defence Contradictory
“On one hand, he's contesting proceedings in Belgium court saying that I cannot be extradited to India and on the other hand saying that I'm arrested so the application becomes infructuous. The judicial process for extradition is still going on. He will be handed over to the Indian authorities subject to the judicial proceedings which are yet to conclude. So today to say that my application becomes infructuous is not correct,” Singh argued.
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ED’s Stand on Fugitive Status
“Merely because Choksi is in custody of Belgium police does the application of the agency become infructuous?” the ED asked. “One thing remains that to avoid arrest and criminal proceedings, he has left India. He has chosen to stay out of India and not participate personally by remaining present in court,” Singh argued.
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