PNB fraud: Choksi, Nirav rule out early return to India
NO SHOW Choksi cites ‘gross abuse of process of law’ by investigating agencies
NEW DELHI: In what could slow down the investigation of the ₹12,636 crore Punjab National Bank (PNB) fraud case Gitanjali Gems’ promoter Mehul Choksi refused to appear before the Central Bureau of Investigation (CBI).
Nirav Modi, a co-accused in the scam, too declined to participate in the CBI investigation. Both, Choksi and Modi, are in an undisclosed location abroad.
Without access to the main alleged perpetrators the CBI may be hamstrung in bringing about an early closure to the investigation of what is turning out to be a politically sensitive case.
Citing “extreme mental agony” and a “gross abuse of process of law by the investigating agencies,” Choksi, in a detailed letter addressed to the CBI, said that even though he was carrying on his business outside India, he was incapable of travelling due the suspension of his passport.
“I wish to bring to your kind attention that… my passport has been suspended. I received an email from the passport office which stated that my passport has been suspended due to the reason ‘security threat to India’… as my Passport stands suspended by the Regional Passport Office under Section 10(3)(c) of the Passport Act, it is impossible for me to travel back to India,” he wrote in the letter which was reviewed by Mint.
Citing adverse health conditions, Choksi claimed that this eventual arrest would deny him adequate medical attention.
“I had a cardiac procedure which was conducted in the first week of February… I am concerned about my health and wellbeing. In case I am arrested, then I would not be able to get proper health care and would be provided treatment only in a government hospital,” he wrote.
In a mail trail that goes back nearly a month, on February 19, the CBI had written to Nirav Modi and Choksi asking them to appear on February 20. On February 23, the agency once again summoned Choksi and asked him to appear on February 26. Thereafter, on February 28, the agency wrote to both Modi and Choksi asking them both to appear before the CBI on March 7.
On March 7, the CBI revealed that they had received an email from both the co-accused rejecting the agency’s request.
The CBI however, hit out at Choksi stating that the accused was obligated to cooperate with the investigation procedure.
“We will be responding to the e-mail today (Thursday). We have asked them their whereabouts and they have not revealed that. It is legally obligatory on them to appear before CBI with a full legal team and they are re repeatedly violating summons and giving excuses,” said a CBI spokesperson in New Delhi.
While Choksi, in his letter complained about the deprivation of fundamental rights to defend himself, speaking to Mint, his lawyer Sanjay Abbot stated that they would seek alternate legal recourse.
“My client (Choksi) has a medical condition and he can’t travel to India for the next four to six months. We cannot approach the embassy in the country where he is because my client is being treated as a ‘threat to national security’ and he will be arrested immediately. We are now looking at all other possible legal routes,” Sanjay Abbot, Mehul Choksi’s lawyer told Mint.
The developments come in the wake of a third First Information Report (FIR) registered by the CBI on March 4 against Nirav Modi, Ravi Shankar Gupta who is the chief financial officer of Firestar International as well as Vipul Ambani, the president (finance) of Firestar International.
The FIR was registered based on a complaint by PNB for ₹321.88 crore, on March 4.
While Ambani had been arrested by the CBI, last month, he has been sent to judicial custody till March 19 by the Special CBI court in Mumbai.
“Searches were conducted on Wednesday and Thursday at the residences of the director and CFO of Firestar in Mumbai, Thane, Kalyan, Delhi and Gurgaon. On Thursday, eight more searches were conducted against Gitanjali group in Mumbai and Chennai,” the CBI spokesperson added.