The Bombay High Court on Tuesday declined to grant any urgent relief to Purvi Mehta - sister of fugitive diamantaire Nirav Modi - who moved the Court challenging the decision of the Central Bureau of Investigation (CBI) to add her as an accused in the multi-million dollar Punjab National Bank (PNB) scam.
Mehta who along with her husband Maiank Mehta turned approver in the money laundering case being probed by the Enforcement Directorate (ED), contended that the CBI’s move undermined the pardon granted to her under the Prevention of Money Laundering Act (PMLA).
It was her argument that being named an accused in the CBI’s chargesheet—despite having assisted investigative agencies both in India and abroad—could jeopardize her ability to testify and violates the constitutional protections under Articles 14, 20, and 21.
Appearing before a Bench of Justices Saranag Kotwal and SM Modak, Senior Advocate Amit Desai, representing Mehta, urged the Court to grant interim protection.
He highlighted that the couple had fully cooperated with investigative agencies and are currently providing testimony in related proceedings overseas.
The bench, while seeking a response from the CBI, declined to pass any interim relief without hearing the agency.
"We are not rejecting the petition. But we won’t grant interim relief until we hear from them. Don’t blame everything on the court. We will consider protection after hearing both sides," the Court said.
The CBI filed the supplementary chargesheet on March 24 before a special court naming Purvi Mehta as an accused. Notably, her husband Maiank Mehta, a British citizen, was also named as one of the accused in the CBI case.
As per Mehta's plea, the CBI action effectively nullified the immunity conferred upon her by the court in the PMLA case.
"All of a sudden, the CBI has decided to charge her without any prior communication," Desai said questioning the intent behind the timing of the chargesheet.
"She is giving depositions in proceedings abroad on behalf of the Indian government. Now a chargesheet is filed against her here—how will she testify freely under such pressure?" he asked.
The Bench suggested that Mehta could seek to quash the chargesheet at a later stage but Desai pointed out that once cognisance is taken by the trial court, it could create a chilling effect on her willingness to testify.
The Court scheduled the matter for further hearing on June 10 but refused to pass any interim order.
Nirav Modi and his uncle Mehul Choksi remain the primary accused in the PNB scam, one of India’s largest banking frauds, estimated to be worth over ₹12,000 crore