📷 Image Credits: Indian Legal News
A Special PMLA Court in Mumbai made a significant observation that fugitives in economic offences such as Nirav Modi, Vijay Mallya, and Mehul Choksi were able to flee India due to the failure of investigating agencies in arresting them in a timely manner. Special Judge MG Deshpande, addressing the objections raised by the Enforcement Directorate to an application seeking permission to travel abroad, noted that these high-profile individuals managed to escape because the ED did not properly arrest them under the Prevention of Money Laundering Act.
The court highlighted that the ED often neglects to arrest accused persons under Section 19 of the PMLA, creating loopholes for them to flee the country. The ED raised objections to accused Vyomesh Shah’s application to modify bail conditions related to a money laundering case, citing concerns of tampering with evidence and flight risks. Shah’s counsels based their argument on a recent Supreme Court judgment, emphasizing his business needs for frequent international travels.
Despite the ED’s opposition, the court granted permission to Shah to travel abroad during the trial, noting that the ED’s failure to arrest individuals under Section 19 leads to repeated applications for travel permissions. The court clarified that individuals who voluntarily appear in court, like Shah, cannot be equated to high-profile fugitives who escaped due to investigative agencies’ failures. The court emphasized the need for a balance between restricting accused individuals’ liberties and ensuring fundamental rights.
Additionally, Solicitor General Tushar Mehta informed the Supreme Court that banks have recovered approximately ₹18,000 crore from fugitives Vijay Mallya, Nirav Modi, and Mehul Choksi. The total value of cases under the PMLA against these individuals amounts to ₹67,000 crore, showcasing progress in asset confiscation and recovery efforts.
India’s Supreme Court sentenced Vijay Mallya to four months in prison for disobeying a 2017 court judgment related to Kingfisher Airlines’ collapse, marking a significant legal development in his extradition case. Despite facing extradition from the UK to India on fraud and money laundering charges, Mallya continues to contest his return, alleging the government’s scapegoating and economic difficulties as reasons for the airline’s demise.
