Dismiss ED plea, let my lawyers quiz investigating officer: Choksi

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ED’S CASE: Accused to have laundered MUMBAI: Diamond merchant Mehul Choksi, one of the prime accused in the ₹13,000-crore fraud at state-run Punjab National Bank (PNB), on Tuesday sought dismissal of the Enforcement Directorate’s (ED) plea seeking to declare him a “fugitive economic offender.”

Choksi’s lawyers Sanjay Abbot and Rahul Agarwal on Tuesday filed around 10 applications in the special PMLA (Prevention of Money Laundering Act) court taking strong objection to the proceedings initiated by the ED. In one of the applications, they prayed to cross-examine the investigating officer and 10 witnesses in the money laundering case against him.

“We need to cross-examine these to check if the case of money laundering is made out and if he can be termed as the offender. We need to be given opportunity to lead the evidence under the principle of natural justice,” the defence submitted.

They have questioned the maintainability of the ED’S plea, ED to respond to Choksi’s applications by November 16 claiming the agency had not obtained required authorisation.

The defence also made many allegations against the agency. They claimed that Choksi left the country before the case was registered out of medical emergency and he is advised against travel. The defence claimed that these facts and the reply given by Choksi in response to the summons issued by the agency are not brought on record by the agency before the court.

Hence, they sought to initiate contempt proceedings against the officers for allegedly playing fraud upon the court.

Meanwhile, Choksi’s son approached the court claiming that in the list of the properties that the ED seeks to confiscate, two are his properties. Rohan Choksi said those two properties are not proceeds of crime and he should be heard before passing any order of confiscation of the properties. The court asked his lawyer to make a written submission by the next hearing. The court asked the ED to respond to all the applications filed by Choksi by November 16.

Under the new law Fugitive Economic Offender Ordinance, once a person is declared as fugitive economic offender, the ED can seek confiscation of the assets attached as properties obtained through ‘proceeds of crime.’