No case against Nirav when he left India, his lawyer submits.

Fugitive diamantaire Nirav Modi told the Prevention of Money Laundering Act (PMLA) court, through his lawyer, on Saturday that he fears for his life, if he returned to India.

“He is a designer, an artist, and has not fled the country. Just like his uncle Mehul Choksi, he too fears to come back because of mob lynching in the country,” said his lawyer Vijay Agarwal.

Poster boy of frauds

Mr. Modi is being compared to Ravana, and has been made a poster boy of bank fraud cases, argued Mr Agarwal. “In such circumstances, Mr. Modi fears that he will get lynched if he arrives in the country.”

Mr. Agarwal said, he cannot be declared fugitive as various legal requirements for the Fugitive Economic Offender Act have not been complied with by the Enforcement Directorate (ED). Mr. Modi, he reiterated, is not a fugitive because he did not leave India under suspicious circumstances.

He argued that when Mr. Modi left there was no criminal case against him nor were his accounts non-performing assets. All his assets, and properties were in India. He refuted ED’s claim of committing a fraud on the court by concealing various communications and said he had communicated with ED.

He said, “Mr. Modi is a designer, he will not have the information pertaining to finance and was not in a position to give any information to ED as his employees were in custody, his offices sealed and servers taken away.

Mr Agarwal moved an application for the CBI case and PMLA case against his client to be heard by one judge. Judge M.S. Azmi reserved his order in the matter and adjourned the hearing to December 5.

This Mumbai society chose to celebrate Holi with a twist - burning a 20 feet high effigy of Nirav Modi, symbolising Holika as a part of the Holi festival's tradition at Worli BDD chawl in South Mumbai. | Photo Credit: Vivek Bendre

Mr. Agarwal said that Mr. Modi was not a fugitive because he did not leave India under suspicious circumstances. He argued that the day Mr. Modi left, there was no criminal case against him. Nor were his accounts non-performing assets and all his assets, properties were in India.

He refuted the Enforcement Directorate’s claim of having committed a fraud on the court by concealing various communications.

Mr. Agarwal moved an application that the CBI case and the PMLA case against Mr. Modi be heard by one judge. Judge M.S. Azmi reserved his order and adjourned the hearing to December 5.

He had been made a poster boy of bank fraud cases, Mr. Agarwal said. “In such a circumstance, Mr. Modi fears that he will be lynched if he arrives in the country.”