Mumbai, May 26: Justice Shreeram Shirsat on Monday recused himself from hearing a plea filed by the Directorate of Enforcement (ED) challenging permission granted by the special PMLA court to Jet Airways founder Naresh Goyal, who is facing money laundering charges, to travel to London for medical consultations.
Special court had permitted London visit
On May 12, the special court allowed Goyal to travel to London after noting that a letter issued by HCA Healthcare/Wellington Hospital, London, United Kingdom, showed that the applicant’s appointment had been confirmed for May 27 at 4 p.m.
The ED has challenged the order before the High Court through advocate Ashish Mehta, claiming that if Goyal is allowed to travel to London for medical treatment, there is a possibility that he may abscond.
ED cites flight risk concerns
The agency contended that it had recently learnt that the businessman possesses two passports and that information regarding the second passport was allegedly concealed from both the investigating agencies and the court.
Pending hearing of the plea, the ED has sought an interim stay on the order permitting Goyal to travel.
Matter likely to be mentioned before another bench
After Justice Shirsat recused himself, Mehta said the agency would mention the plea before another vacation bench headed by Justice Shyam Chandak on Thursday, May 28.
Allegations of financial fraud
The ED has alleged that Goyal is the prime orchestrator, ultimate controlling party and primary beneficiary of a colossal financial fraud involving the systematic siphoning, diversion and laundering of public funds obtained as loans by Jet Airways (India) Limited (JIL) from Canara Bank.
The total outstanding exposure of the consortium of banks, in respect of their admitted claim, stands at Rs 5,716.34 crore. The CBI, based on a complaint by Canara Bank, assessed a wrongful loss of Rs 538.62 crore.
Medical bail history
The ED submitted that the magnitude of the alleged offence inherently and significantly escalates the flight risk.
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On May 6, 2024, the High Court granted interim medical bail to Goyal after he was diagnosed with cancer requiring surgery, on furnishing a surety of Rs 1 lakh. He was also directed not to leave Mumbai without prior permission from the special court. The interim bail was subsequently extended from time to time.
On November 11, 2024, the High Court granted permanent medical bail to the businessman, noting that it was unreasonable to limit bail to a temporary period given Goyal’s critical health condition.
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