Nirav Modi’s brother-in-law turns approver, granted pardon by special court

Following this decision, he can now depose against other accused, including Nirav Modi, as a prosecution witness of the CBI.

Mehta’s wife, Nirav’s sister, Purvi, was also granted pardon and made an approver previously. Both have already been granted pardon in the case filed by the Enforcement Directorate in 2021. Mehta had submitted that both Purvi and him have assisted government agencies to facilitate attachment and confiscation of properties in favour of the Indian government and cooperated with the probe.

“The application of the applicant/accused (Mehta) for tender of pardon is being allowed for himself only in his individual capacity as prayed in the complaint filed by the complainant/prosecution. The accused is at present staying abroad, who shall be directed to present himself before the court, for which purpose the prosecution shall take necessary steps to facilitate the approach of accused to India take part in the proceeding as soon as may be, in the facts and circumstances prevailing currently,” special judge A V Gujarathi said, in the order passed on September 22, made available on Friday.

The pardon under Section 343 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be granted to an accomplice in a crime with a view to obtain evidence. It is granted on the condition that the person will make full and true disclosure of all the circumstances within his knowledge, relative to the offence and to every other person concerned. The case against Modi and others is that in connivance with a few bank officials of PNB, fraudulent

Letters of Undertaking were issued in favour of companies linked to him, cheating the bank.

Mehta, a British citizen, has been residing in Hong Kong for over 35 years. His advocates Amit Desai and Manavendra Singh had submitted that Mehta came to India in September 2021 to voluntarily participate in the proceedings, and has assisted the prosecution and the
government of India in multiple aspects. ;“The applicant and his wife have assisted the prosecution agencies to facilitate attachment and confiscation of assets in favour of the government of India. He has cooperated with the investigation and is ready to make full and true disclosure of the circumstances within his knowledge relating to the matter and is ready to abide by the conditions imposed by the court in pursuance of the pardon,” it was submitted. The CBI gave its no-objection to the plea, citing that he has already been granted
pardon in the ED case, and is ready to make full and true disclosure of the whole circumstances relating to the offence.

Last month, Maiank’s statement was recorded before the court. The CBI had filed a supplementary chargesheet naming Maiank in the case in July claiming his role as a beneficiary. The Bombay High Court had given an order stating that no coercive steps be taken against him, as the application for pardon was pending. The CBI in its chargesheet had claimed that Mehta’s role as a beneficiary had surfaced with regard to some amount related to the ‘fraudulent’ LOUs being transferred into accounts linked to Mehta but Mehta had denied this stating that the money was not received by him.

Modi is currently facing extradition proceedings in the UK, while the trial against others is yet to begin.