Mumbai, April 9: The Enforcement Directorate (ED) has emerged as the latest victim of delayed judicial proceedings, waiting over eight years for a hearing on its plea to declare businessman Mehul Choksi a fugitive economic offender (FEO) under the FEO Act.
Judge transfer stalls proceedings
Last month, when the ED finally concluded its arguments, the judge hearing the plea was suddenly transferred. With the new judge taking over the court, the agency will have to argue the plea afresh, which would further delay the process.
Arguments concluded, case reset
On March 24, Additional Solicitor General Anil Singh and ED prosecutor Kavita Patil had concluded arguments on the plea seeking to declare Choksi an FEO.
On Thursday, the case was scheduled for Choksi’s lawyer to conclude his arguments. However, before the hearing date, Special Judge A.V. Gujarathi was transferred on April 3.
On April 4, a new Special Judge, Nitin Jiwane, took over charge of the special court. On Thursday, when the case came up for hearing, it was noted that the prosecution has to present its case afresh before the new judge. Since the Additional Solicitor General was not available due to hearings in prior committed cases, the matter is now scheduled for April 24.
Background of PNB fraud case
Choksi, the absconding diamond trader in the Punjab National Bank (PNB) fraud case, had left India on January 2, 2018, claiming he was seeking better medical treatment and never returned. Meanwhile, the Central Bureau of Investigation (CBI) registered a case against Choksi and his nephew Nirav Modi in February 2018.
The ED had in July 2018 moved a plea to declare Choksi and Modi fugitive economic offenders. Modi was declared a fugitive economic offender on June 8, 2020, after he failed to surrender before Indian prosecuting agencies probing the PNB fraud and money laundering cases. However, the plea against Choksi remains pending.
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Court continues hearing despite arrest
Choksi was arrested on April 11 by Antwerp police following a formal extradition request from the CBI. With his arrest, Choksi’s lawyers had pleaded that the proceedings under the FEO Act be dropped. The court rejected the defence plea and continued to hear the ED on its application.
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