ED seeks non-bailable warrant against Nirav Modi: ‘Evading probe’

The ED claimed that since the complaint against Modi was registered on February 15, three summonses were issued to him to appear before the investigators.

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ED submitted before the court that Modi had been evading investigation and said that a warrant was necessary to secure his presence.

THE ENFORCEMENT Directorate approached a special court in Mumbai Tuesday seeking a non-bailable warrant against diamond merchant Nirav Modi. It submitted before the court that Modi had been evading investigation and said that a warrant was necessary to secure his presence.

The ED claimed that since the complaint against Modi was registered on February 15, three summonses were issued to him to appear before the investigators. It told the court that Modi responded to two of them via email and said he cannot come and should instead be communicated with through email.

Special public prosecutor Hiten Venegaonkar told the court that the first summons were issued under the Prevention of Money Laundering Act on February 15, seeking his appearance on February 16. He said the summons were delivered to the last known residence of Modi in Mumbai and were received by his employee. “The second and third summons were issued through email on February 17 and February 22. The first response by Nirav Modi came via email on February 22. He said he was engaged in business abroad and that he, by the press coverage and statements made by politicians, was concerned about his personal security and safety of his business,” Venegaonkar said in court.

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“The replies by the accused shows that he is not denying the allegations in the complaints against him. He has said that he cannot come to India as he is trying to deal with his business abroad. He is evading investigation… He had been specifically summoned to remain present with all the documents. It is therefore necessary to issue an open (not bound by time) non-bailable warrant,” Venegaonkar said.

A lawyer claiming to represent Modi appeared before the court, seeking a copy of the application filed by the ED stating that the issuance would impact the rights of Modi and hence he should get a say. The court will hear arguments on whether he has locus standi on the application Wednesday.

The ED also sought issuance of Letters of Request for further investigation and seizures of movable and immovable property connected to the proceeds of the crime in Russia, Malaysia, Armenia, Japan, France and China.

Meanwhile, a metropolitan magistrate court issued a bailable warrant against Modi on an application filed by the I-T department under various sections of the IT Act after he failed to appear.