LESS THAN a month after Interpol refused to issue a Red Corner Notice (RCN) against Lalit Modi, the Enforcement Directorate (ED) has told Interpol that the documents submitted by the former IPL chairman in his defence were forged. The ED has also questioned the legal grounds on which Interpol refused to issue the RCN. “We have sent a detailed communication to CBI, which will forward it to Interpol,” confirmed an ED official.
Modi is reported to have submitted a purported Chennai police report — which said that its probe had concluded that the allegations against him were of “civil nature” and that it was going to move court to file a closure report — to a commission that decided on the RCN. The agency said the Chennai police has not filed such a report.
“This is blatantly false. Chennai police has neither concluded the case to be of civil nature nor closed the probe. Whatever documents he submitted to Interpol regarding this are false. We have told this to Interpol,” said the ED official.
Interpol’s order, delivered by the Commission for the Control of Interpol’s Files, said the decision was “based on the discovery of a fact… on the following argument provided by the requesting party… the Chennai police has concluded its investigations, finding the complaint to be of civil nature rather than of criminal nature, and that the complaint suffered from various legal defects including that of jurisdiction, and Chennai police will shortly move the competent court for closure of the case…” The order said Modi had provided a copy of the report.
The ED has also questioned Interpol’s decision to deny an RCN against Modi on the ground that there is no chargesheet against him and that extradition proceedings have not started. “There is no such rule or law that says that an RCN cannot be issued against a person unless there is a chargesheet or a pending extradition request against him. We have pointed this out to Interpol,” said the ED official, adding that all other relevant documents, including the FIR, statements of witnesses and details of financial transactions, were sent to Interpol earlier.
ED sources said the agency has also written to the Chennai police thrice, asking them to file a chargesheet in the case. “They have completed their probe and we have learnt that a chargesheet will be filed soon,” said the ED official. Modi did not respond to an email sent by The Indian Express on Thursday.
He had uploaded an Interpol notice on social media on March 27 which said: “The General Secretariat of the International Criminal Police Organisation hereby certifies that, as of today, Mr Lalit Kumar Modi, born on 29 November 1963, is not subject to an Interpol Red Notice or diffusion and is not known in the Interpol database.”
The notice, dated March 24, 2017, said: “Interpol is aware that in the past the individual was subject of data recorded in Interpol’s databases, yet the data was later cancelled.” Modi also uploaded documents related to an order of the Commission for the Control of Interpol’s Files, where he had challenged the ED’s request for an RCN against him and asked for deletion of data related to him. “After a thorough examination of elements before it, the Commission concluded that data challenged were not compliant with Interpol’s rules applicable to the processing of personal data, and recommended their deletion,” said the order.
It further said that this recommendation was sent to the Interpol General Secretariat, which deleted the data from its files on March 15, 2017. The Chennai police first registered an FIR against Modi in connection with alleged financial irregularities in IPL. The ED registered a money laundering case against Modi and others based on the Chennai police complaint in 2012, on charges of alleged cheating in granting overseas telecast rights of the T-20 cricket tournament in 2009.