Mehul Choksi, the Indian-born businessman who is an accused in the alleged Punjab National Bank (PNB) fraud case worth Rs 14,500 crore, has approached the Bombay High Court seeking abeyance of the proceedings initiated against him by the Enforcement Directorate (ED) before a Mumbai court for declaring him as a fugitive economic offender.
The ED had recently filed an application before the local court under the Fugitive Economic Offenders (FEO) Act to declare Choksi as fugitive economic offender and confiscate his properties.
Taking into account his neurological ailments, the Eastern Caribbean Supreme Court, High Court of Justice at Commonwealth of Dominica, had granted him bail in July this year to receive specialised medical attention.
Choksi’s advocates, Vijay Aggarwal with Ayush Jindal, urged the HC that the proceedings against the businessman be kept in abeyance in view of the conditions imposed by the High Court of Commonwealth of Dominica.
According to his plea, he has been permitted to be treated in Antigua and Barbuda, after which he will be certified to be fit and capable of travel. He will then be required to return to Dominica to face charges against him.
Keeping this in view, Choksi has claimed that it cannot be said that he was refusing to return to India to face criminal prosecution.
Also, he has claimed that he could not be declared a ‘fugitive accused’ as he had not left the country to avoid any criminal prosecution. He had left much before the registration of any FIRs against him.
His advocates further claimed that Choksi was not refusing to return to India to face criminal prosecution but was unable to come due to his inability to travel as a consequence of his medical condition.
Choksi has further said that the Indian authorities were present when the Dominican court passed the order. Hence it would be highly unfair for them to argue that Choksi is intentionally refusing to return to India.
ED counsel Hiten Venegaonkar opposed the application and sought time to file a reply.
Justice Sandeep K Shinde has kept Choksi’s application for hearing on December 21.
