Hong Kong can decide on Nirav Modi’s arrest: China
JUDICIAL PROCESS Beijing signals that it may not directly interfere in issue BEIJING:
China on Monday said the Hong Kong government was equipped to deal with the arrest and extradition of fugitive jeweller Nirav Modi under relevant laws, indicating that it was unlikely to directly interfere with the legal process.
Hong Kong, one of the ‘special administration regions’ (SAR) of China, is where high-profile diamond merchant Modi is said to be hiding following allegations that he defrauded the state-run Punjab National Bank (PNB) of around $ 2 billion.
India has submitted a request to the Hong Kong government’s department of justice for Modi’s provisional arrest.
China’s ministry of foreign affairs (MFA) was vague when asked on Monday whether the Mainland or central government would help in bringing Modi to justice.
“According to the one country two systems and basic law of Hong Kong Special Administration Region, HKSAR under the assistance and authorisation of the central government, the HKSAR can make proper arrangement on judicial mutual assistance with other countries,” MFA spokesperson, Geng Shuang said on Monday.
Geng said India would have to follow Hong Kong’s legal process.
“If India makes relevant request to the HKSAR, we believe HKSAR will follow the basic law and relevant laws and under relevant judicial agreements with India with the relevant issue,” Geng added.
“The ministry has sought the provisional arrest of Nirav Deepak Modi by the government of the Hong Kong Special Administrative Region,” V K Singh, minister of state for external affairs told Parliament on Thursday.
Singh added India had submitted the request for Modi’s arrest to Hong Kong on March 23.
The Hong Kong-based South China Morning Post had reported, quoting an anonymous source, that Indian authorities had “reason to believe that he (Modi) is in Hong Kong”; the provisional arrest would be the precursor to an extradition request.
According to the SCMP, Modi opened first diamond boutique in Hong Kong in 2015 at the Elements shopping mall in Kowloon. “Last year, he opened another one at the IFC mall and a 3,000 sq. ft flagship store at an upscale shopping arcade in Tsim Sha Tsui,” the report said.
He also has shops in Beijing and Macau, which is another SAR, under the Mainland.
Meanwhile, a special Central Bureau of Investigation (CBI) issued non-bailable warrants against absconding diamond merchants Modi and Mehul Choksi, the other suspect in the case.
The NBW was issued by the court on Saturday after the agency said the duo did not respond to two summons issued against them.
Both Modi and Choksi have refused to join the CBI probe so far.
The Supreme Court on Monday said it will decide whether the PIL (public interest litigation) seeking a court-monitored probe into the over ₹11,000 crore Punjab National Bank fraud case is maintainable or not.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud was told by the Centre that agencies like the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), the Income Tax department and the Serious Fraud Investigation Office (SFIO) are independently probing the PNB scam.
Attorney General K K Venugopal sought dismissal of the public interest litigation seeking a court-monitored probe into the alleged scam saying multiple agencies are already probing the matter.
The attorney general was opposing a plea filed by lawyer Vineet Dhanda, who has sought an independent probe in the Punjab National Bank case and a direction to the government to get diamond merchant Nirav Modi deported.
The Central Bureau of Investigation (CBI) has already registered two FIRs — one on January 31 and another in February — against billionaire Nirav Modi, his relative Mehul Choksi of Gitanjali Gems and others for allegedly defrauding the bank of about ₹11,400 crore.
The PIL has made Punjab National Bank, the Reserve Bank of India and the ministries of finance and law and justice parties.
It has sought a direction for initiation of deportation proceedings against Nirav Modi and others allegedly involved in the banking fraud, preferably within two months.
It has also asked for a special investigation team (SIT) to probe the case, allegedly involving Nirav Modi and Choksi, and a probe into the role of the top management of Punjab National Bank.
The plea has sought a direction to the finance ministry to frame guidelines on the grant and disbursal of loans involving big amounts, besides ensuring safety and recovery of such loans.
It has also sought the setting up of a body of experts to deal with cases of bad banking debts in the country.
NEW DELHI: