india

Updated: Jun 22, 2019 23:58 IST

The enforcement directorate (ED) has offered to provide an expert medical team and an air ambulance to bring back Mehul Choksi, the fugitive diamantaire who claimed that health complications have prevented him from returning to India, where he is wanted in connection with a ~13,500 crore fraud at Punjab National Bank.

Choksi has given up his Indian citizenship and become a citizen of Antigua and Barbuda since fleeing India in January last year with his nephew Nirav Modi before the fraud at a Mumbai branch of the public sector bank was detected. Modi is in jail in London pending the completion of extradition proceedings.

“It is not at all safe and advisable for the petitioner (Choksi) to stay in Antigua, as Dr H A Marcos (who is treating him there) has specifically mentioned that unfortunately in Antigua there is no interventional cardiologist, neurologist or haematologist and there is no facility for cardiac catheterisation; in case of any medical emergency there might be a danger to the health and life of the petitioner,” ED said in an affidavit filed in response to Choksi’s claims that he had not fled India, but was forced to stay out due to medical conditions.

“Taking a humanitarian approach, the respondent (ED) is ready to provide an expert medical team along with an air ambulance to bring the petitioner from Antigua to India under proper medical supervision. Furthermore, it is submitted that, best medical facilities are available in India and if required the same will be provided to the petitioner, if he returns to India,” ED said.

ED pointed out that the patient’s discharge instructions dated February 26, 2018 issued by Lenox Hill Hospital at New York, where Choksi had undergone coronary angiography and angioplasty, allowed the fugitive diamond trader to return to work within 3-5 days, and he travelled from New York to Antigua after the surgery. “It is not clear as to what prevents him from undertaking travel now i.e. about 16-17 months after undergoing the procedure,” the affidavit said.

“The contention of the petitioner with regard to his medical condition appears to be façades being erected merely to mislead this Hon. Court in an obvious attempt to delay the lawful proceedings,” it added.

Choksi had moved high court seeking a fresh hearing by the Special PMLA (Prevention of Money Laundering Act) Court on his preliminary objection to the proceedings initiated by ED under the Fugitive Economic Offenders (FEO) Act, 2019, claiming that health complications prevented him from returning to India. He moved the high court after the special court on December 15, 2018 rejected his preliminary objection to the FEO proceedings.

He sought quashing of the FEO proceedings, citing his medical conditions.