Nirav Modi, Vijay Mallya, Mehul Choksi fled India because they were not arrested on time: Mumbai Court

Fugitive businessmen Nirav Modi, Vijay Mallya and Mehul Choksi were able to escape from the country because of the failure of the investigating agencies to arrest them on time, a Mumbai Court said on May 30 [Vyomesh Shah v. ED]. .The observations were made by Judge MG Deshpande, special judge under the Prevention of Money Laundering Act (PMLA), while hearing an application by an accused seeking relaxation of bail condition so that he can travel abroad for professional purposes.Advocate Sunil Gonsalves, special prosecutor for Enforcement Directorate (ED), opposed the application contending that acceding to such a request would give rise to a situation like ‘Nirav Modi, Vijay Mallya and Mehul Choksi'.To this, the judge quipped that persons like the three fugitive businessmen were able to flee India because of the failure of the agencies to arrest them.“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 proper time,” the judge recorded in his order..Nirav Modi and Vijay Mallya, currently residing in UK, have been declared Fugitive Economic Offenders (FEO) by Mumbai courts in scams involving huge amounts.Choksi is presently in Dominica and ED has filed an application seeking to declare him an FEO. .Meanwhile, the present plea before judge Deshpande concerned one Vyomesh Shah, an accused in a money laundering case of 2022.Shah had been summoned after the court took cognizance of the chargesheet by ED. After appearing in court on June 7, 2022, Shah was released on bail subject to certain conditions which also included furnishing personal bonds and sureties.One condition imposed on him was that he should not leave the country without the permission of the court.Shah filed the present plea seeking modification of the same.He argued that since his work requires him to travel to various countries in search of clients and work, it was not feasible for him to seek the permission of the court each time..After considering the application, judge Deshpande allowed the application. The Court emphasized that it cannot do what the ED failed to do.“It is the ED which basically allows such person to be scot free without any apprehensions of his travelling abroad, tampering and hampering evidence, flight risk, apprehension of dealing with complaint and assisting the said process etc. but for the first time when such person appears before the Court all such contentions and objections astonishingly crop up before the Court. So, this Court has repeatedly taken firm stand that, the Court cannot do what the ED basically failed to do,” the judge observed.However, the judge ordered Shah to inform ED of his travel schedule and itinerary before every trip..Senior advocate Aabad Ponda, Sajal Yadav and Aayusha Geruja appeared for Shah.[Read Order]