Special court rejects Mehul Choksi’s plea seeking dismissal of proceedings to declare him a fugitive economic offender

The latest plea claimed that since he was already facing proceedings before the Serious Fraud Investigation Office (SFIO), the ED’s application cannot continue to be heard. Kavita Patil, special prosecutor for the ED, had submitted that Choksi’s contention is not maintainable. She had submitted that pending proceedings under the Companies Act before the SFIO do not limit the agency when it comes to declaring him a fugitive economic offender. She cited that a similar plea was rejected by the special court earlier.

Choksi had also sought to add an official liquidator to represent Gitanjali Gems Ltd, the company linked to him. The court rejected the plea, citing that a similar application filed in 2019 was also rejected.

Last month, the court had rejected Choksi’s plea to halt the proceedings after he claimed that since he was in custody in Belgium on the request of Indian authorities, he cannot be considered a fugitive offender. The ED had opposed the plea, stating that since he is contesting the extradition proceedings in a bid to avoid returning to the country to face criminal charges, the plea to declare him a fugitive economic offender is maintainable, till he is before the Indian court.

The ED had said that if Choksi were to surrender and return to India, the proceedings to declare him a fugitive would stop. A similar application was made by Choksi’s nephew, Nirav Modi, who is facing proceedings in the United Kingdom, but it was rejected and he was declared a fugitive economic offender in 2020, the ED had stated.