Fugitives Nirav Modi, Vijay Mallya, and Mehul Choksi managed to escape due to delayed actions by investigative agencies, according to a Mumbai Court on May 30.
Judge MG Deshpande, presiding over a special PMLA court, made these observations while addressing a plea by an accused seeking relaxation of bail conditions to travel abroad for professional reasons.
The Enforcement Directorate (ED) opposed the application, arguing it could result in another situation akin to the escapes of Modi, Mallya, and Choksi. In response, Judge Deshpande pointed out that the trio’s successful flight from India was due to the agencies’ failure to arrest them in time.
“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 recorded in his order.
Nirav Modi and Vijay Mallya, now residing in the UK, have been declared Fugitive Economic Offenders (FEO) by Mumbai courts for their involvement in massive financial scams. Mehul Choksi is currently in Dominica, with the ED seeking to have him declared an FEO as well.
The plea before Judge Deshpande involved Vyomesh Shah, accused in a 2022 money laundering case. Shah, released on bail after appearing in court on June 7, 2022, sought modification of his bail conditions to facilitate international travel for work.
Shah argued that his profession required frequent international travel, making it impractical to seek court permission for each trip. After considering the application, Judge Deshpande granted the request but emphasized that the court could not compensate for the ED’s initial failures.
“The ED essentially allows such individuals to remain free without concerns about their potential to tamper with evidence or flee. It is only when these individuals appear before the court that such objections are raised. This Court has consistently maintained that it cannot remedy the ED’s initial lapses,” Judge Deshpande remarked.
However, the judge mandated that Shah inform the ED of his travel schedule and itinerary before every trip.
Senior advocates Aabad Ponda, Sajal Yadav, and Aayusha Geruja represented Shah in court.
