HC asks CBI to begin probe against Nirav Modi’s brother-in-law

The Bombay high court has directed the Central Bureau of Investigation (CBI) to commence its inquiry against Maiank Mehta, brother-in-law of fugitive diamantaire Nirav Modi – the prime accused in the Punjab National Bank fraud case

The Bombay high court has directed the Central Bureau of Investigation (CBI) to commence its inquiry against Maiank Mehta, brother-in-law of fugitive diamantaire Nirav Modi – the prime accused in the Punjab National Bank fraud case.

Maiank Mehta HT Archives

Earlier this month, a special court permitted Mehta to travel to Hong Kong. However, the CBI opposed the order in the HC.

On Monday, a division bench of justice Revati Mohite Dere and justice Sharmila Deshmukh was hearing a petition filed by Mehta, seeking directions to the CBI to expedite its inquiry and grant a pardon similar to the one given to him by the Enforcement Directorate as he and his wife had turned approvers.

Mehta also sought protection from coercive action till the inquiry was completed as he wanted to go back to his family.

Senior advocate Amit Desai, representing Mehta, said he had been writing to CBI officers to begin the inquiry but had not received any response till now. “I have written five times to the CBI but they did not have the courtesy to respond. I then tried calling the officer and sought a date for appearing before the agency for the inquiry, but again there was no response.”

Referring to the need to travel to Hong Kong, Mehta said he had been waiting for the CBI to complete its inquiry and hence could not take care of his parents, one of whom had had a fall and got injured. “This time it is different. I have to attend my daughter’s graduation ceremony and it is an emotional moment and I don’t want to miss out on it. I am willing to give an undertaking to the court and the CBI that I will return and cooperate in the inquiry,” he said.

However, senior advocate Raja Thakare for the CBI said once Mehta was allowed to leave the country it would be difficult to get him back. “Though there is an extradition, we are unable to get Nirav Modi back. Purvi, wife of Mehta, is a Belgian national and though she has turned an approver she has not come to India. Mehta has a British passport and it is possible that once he is out of the country, he will seek inquiry via videoconferencing. Hence, he should not be allowed to leave the country,” Thakare said.

After hearing the submissions, the bench said that the issue of Mehta leaving the country was part of the CBI petition and hence it would not get into it. The HC, however, asked the CBI how soon it could commence the probe and directed the agency to issue a 48-hour notice to Mehta to attend the inquiry. It also said that once the probe commenced it should be completed expeditiously.

The bench granted Mehta interim protection from coercive action, and posted the petition for hearing on August 23.