The PNB bank fraud case has got curiouser as the alleged absconders in the case – billionaire diamond merchant Nirav Modi and his uncle Mehul Choksi – wrote to the investigating agency from undisclosed locations that they are being treated unfairly and protested against being termed as “fugitives of the law.” The CBI is on the chase of the two alleged masterminds of the Punjab National Bank fraud case, both of whom left the country in the month of January, days before the agency filed an FIR against them after the bank reported a Rs 12700 crore loss in the alleged scam.
The CBI has been treating both Nirav Modi and Mehul Choksi as fugitives for over one month now after issuing look out circulars against them. The duo have neither returned to the country nor joined the investigations.
But they have written emails to the investigating agency, the latest mails which came on Thursday claim that they are not absconders and their constitutional rights are being violated. They are even demanding a free and fair trial.
In his latest letter to the CBI, Mehul Choksi has said that he cannot travel to India as his passport stands suspended by the regional passport office in Mumbai which has failed to give him any explanation as to why it has been suspended. He said that he is in no way dictating the terms of his appearance and he is aghast to know why he is being considered a security threat to the country. Choksi has written that he is infact feeling threatened and is apprehensive about the safety and security of his family.
With his business suddenly being hit, the employees, customers and creditors have developed animosity towards him. He has also pointed fingers at the political parties saying that the issue has been politicised by them.
Choksi says he cannot travel as his health conditions do not permit him to do so for now. He says he is also worried about his health and welfare if he returns to India since he fears that once he is arrested he will be provided treatment only in a government hospital and will be denied private treatment even though his right to proper medical treatment is enshrined in the Constitution.
Choksi says “Right to life and right to fair trail” are “quintessential fundamental rights enshrined in the Constitution” and there is a presumption of innocence in favour of every person till he is proved guilty. He said that the “media trial” has violated his fundamental rights even as the CBI has seized his office servers depriving him of his basic rights to communicate as he has lost all access to his business dealings.
The CBI has seized his showrooms and stocks and has not shown any seizure records in the form of a seizure memo as required under CrPC. However, the agency has declared them as proceeds of crime.
Finally, Choksi says he is entitled to his right to silence and the CBI cannot force or coerce him to say what it desires and adopt measures to get information by unfair means.
Choksi has demanded a “free and fair trial” saying that he is in no way an absconder as he is travelling for his business and has left the country much before the FIR had been registered.
The CBI on its part is unrelenting in their chase of the duo and has issued fresh summons to them to join the investigations immediately. “We have issued them summons repeatedly asking them to join investigations,” said an official. The last summons issued by the CBI had given March 7 as the date to join the investigation. The date may have lapsed according to the CBI, but the duo kept the date and instead wrote to the CBI explaining their side of the story.