Mehul Choksi, a key accused in the multi-crore PNB scam, has told a special court here that he hasn't been able to return to India «due to reasons beyond his control» and hence cannot be declared a "fugitive economic offender". The accused has claimed that he didn't leave India to avoid criminal prosecution nor is he refusing to return to the country. He said his passport has been suspended by Indian authorities.
The businessman made these claims in an application filed on Wednesday before a special PMLA court, seeking directions for summoning documents concerning the suspension of his passport and investigation files of the Enforcement Directorate's (ED) case against him.
The current proceedings against Choksi pertain to ED's plea to declare him a fugitive economic offender (FEO) and these documents need to be summoned «for fair adjudication of the matter», said the plea filed through advocate Vijay Agarwal.
As per the Fugitive Economic Offender Act, 2018, the plea said, a «fugitive economic offender» is an individual against whom a court in India has issued an arrest warrant over a scheduled offence and he has left India to avoid criminal prosecution or refuses to return to the country to face criminal prosecution.
According to the plea, ED's application shows that none of the two conditions has been satisfied to declare Choksi an FEO.
«It is the specific case of the present applicant (Choksi) that he has neither left India to avoid criminal prosecution nor is he refusing to return to India to face criminal