Choksi, Nirav filing frivolous pleas: ED

A year after the ED’s plea under the Fugitive Economic Offenders Act, the lawyers of Choksi and Nirav, Vijay Agrawal, Rahul Agrawal and Ashul Agrawal, claimed there was a technical defect in the application, as it has not been accompanied by an affidavit revealing all contents.

Diamantaires Nirav Modi and Mehul Choksi, accused in the PNB fraud case, are filing frivolous applications to delay the hearing on the enforcement directorate’s (ED) plea to declare them fugitive economic offenders, the agency told a special Prevention of Money Laundering Act (PMLA) court on Monday.

Diamantaires Nirav Modi and Mehul Choksi, accused in the PNB fraud case, are filing frivolous applications to delay the hearing on the enforcement directorate’s (ED) plea. (Aniruddha Chowdhury/Mint)

A year after the ED’s plea under the Fugitive Economic Offenders Act, the lawyers of Choksi and Nirav, Vijay Agrawal, Rahul Agrawal and Ashul Agrawal, claimed there was a technical defect in the application, as it has not been accompanied by an affidavit revealing all contents, as stated under section 297 (authorities before whom affidavits may be sworn) of the Criminal Procedure Code.

“The affidavit filed along with the application under Section 4 of the FEO Act, 2018 nowhere states the particulars as contemplated under Section 297 of the CrPC. The applicant in his affidavit has not stated the source of his knowledge, and hence, the affidavit is defective and cannot be relied upon,” read the application filed by Choksi’s lawyer on Monday, seeking dismissal of the ED’s plea.

The ED, in its separate replies to the pleas filed by Choksi and earlier by Nirav, said: “The alleged fugitive offender is abusing the process of law, filing such frivolous applications only to mislead the court and waste precious judicial time.”

The court has reserved order on the pleas until Friday.