Fugitive proceedings in India against Mehul Choksi can continue: ED

Choksi was arrested in April in Belgium on the basis of an extradition request by the Central Bureau of Investigation (CBI) and is currently in a prison there, pending a decision on his extradition to India.

The proceedings to declare him a fugitive economic offender, which has been pending since 2018, will allow authorities to confiscate his properties in the country even before the trial begins.

“On one hand, he is contesting the proceedings in the Belgium court saying that he cannot be extradited to India and on the other hand, he is filing an application here in India to say that since he is arrested in Belgium, the application to declare him a fugitive economic offender cannot be gone ahead with. This is not acceptable. He is not handed over to Indian agencies and the judicial proceedings there are still pending,” said Additional Solicitor General Anil Singh submitted to the special court.

The ASG said that Choksi left India on January 7, 2018 to avoid arrest and criminal proceedings and had chosen to stay out of India and not remain physically present in the courts here.
He said that the application to declare him a fugitive was filed in 2018 by the ED and at that time, he was not in the country, nor had he returned to face proceedings, which made the application valid.

Singh, along with special public prosecutor Kavita Patil, further said that a similar argument was made by Choksi’s nephew Nirav Modi, who was booked in a similar case and arrested in the UK, but it was rejected and he was declared a fugitive economic offender in 2020.

Singh said that Choksi had filed 37 applications and was using “delaying tactics”.

“The warrants pending against him say that he is to be arrested and produced in a court here. Can he be produced today? Once he comes to India, the ED will not go on with this application but right now he cannot be brought to India and produced before a court here. Hence, the application can be heard and decided,” the ASG said, adding that if Choksi were to surrender and return to India, the proceedings to declare him a fugitive would stop.

Choksi, through his lawyers Rahul Agarwal and Jasmin Purani, had said his detention in Belgium amounts to “constructive custody”, and since the process of extradition is on, he cannot be declared a fugitive.

The court will continue to hear the plea.