Nirav Modi, Mehul Choksi & Vijay Mallya Fled India as Probe Agencies Did Not Arrest Them at Proper Time: Court

Businessmen involved in multi-million dollar scams, such as Nirav Modi, Mehul Choksi, and Vijay Mallya, were able to flee the country because probe agencies failed to arrest them at the proper time, a Special Court in Mumbai said recently. Special Judge M G Deshpande made this remark while hearing a plea of Vyomesh Shah, an accused booked under the Prevention of Money Laundering Act (PMLA), seeking modification of his bail conditions.

Court’s Decision on Vyomesh Shah’s Plea

On May 29, the Court accepted Shah’s plea to drop the bail condition that required him to seek the court’s prior permission to travel abroad. The detailed order, made available recently, highlighted the failure of investigating agencies in timely arrests of high-profile fugitives as a key point.

Judge’s Observations

The Enforcement Directorate (ED) had argued that allowing Shah’s application could lead to situations similar to those involving Nirav Modi, Vijay Mallya, and Mehul Choksi. Rejecting this contention, Judge Deshpande stated, “I thoughtfully examined this argument and felt it necessary to note that all these persons fled because of the failure of the investigating agencies concerned in not arresting them at the proper time.”

Judge Deshpande emphasized that Shah had consistently appeared before the court in response to summons, secured bail, and applied multiple times to travel abroad, demonstrating his compliance with legal procedures. As such, the judge ruled that Shah’s case could not be equated with those of Modi, Mallya, and Choksi.

Background of the High-Profile Cases

Nirav Modi and Mehul Choksi: Both are prime accused in the multi-crore Punjab National Bank (PNB) scam. Nirav Modi is currently serving a prison sentence in the UK, while his uncle, Mehul Choksi, resides in Antigua.

Vijay Mallya: The businessman is accused in an over ₹900 crore loan fraud case, being investigated by the ED and Central Bureau of Investigation (CBI). Mallya is currently in the UK, fighting extradition to India.

Implications

This ruling underscores the need for timely action by investigative agencies to prevent high-profile suspects from fleeing the country. The court’s decision to differentiate Shah’s case from those of Modi, Mallya, and Choksi suggests a nuanced approach to bail conditions, taking into account an individual’s compliance and behavior during legal proceedings.

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