The Bombay High Court on Monday allowed Maiank Mehta, brother-in-law of fugitive diamantaire Nirav Modi, to travel to Hong Kong after providing bank details sought by the CBI.
Justice RG Avachat passed the order while hearing a petition filed by the CBI after the Supreme Court remanded back to the HC for fresh adjudication. The CBI had challenged the order of the special court trying cases under the Prevention Of Money Laundering Act (PMLA) permitting Mehta to travel to Hong Kong.
Mehta allowed to travel on condition that he provides information to CBI
Justice Avachat said that he was allowing Mehta to travel on condition that he provides information sought by the CBI.
This is the second round of litigation before the high court.
The HC, in August 2022, had dismissed the CBI plea and allowed Mehta to travel. The agency then approached the Supreme Court, which sent the matter back to the high court.
The special PMLA court had permitted Mehta to travel to HK for three months to complete personal work as he has been in India since September, 2021.
Mehta is a British citizen and lives in HK. His wife, Purvi, a Belgian citizen, has not come to India. However, she and Mehta were made approver by the ED after they agreed to provide information they have regarding Modi. The special court has, hence, granted them pardon.
CBI cannot make a statement whether he will be made an approver in the case
Subsequently, the CBI approached the HC challenging foreign travel permission to Mehta. CBI counsel Raja Thakare had argued that the agency has always looked at Mehta as an accused. Unless the investigation is completed, the CBI cannot make a statement whether he will be made an approver in the case.
Mehta has filed a petition before a division bench of the HC, seeking that the pardon granted to him in the ED case be extended in the CBI case as well. The plea is pending.
Mehta’s counsel, Amit Desai, had submitted that despite opposing the plea, the agency had called Mehta for questioning only once in August. This showed his presence was not required, he said.
The HC dismissed the plea in August last year that the CBI had challenged in the SC.
