Choksi contesting extradition proceedings, doesn't want to return to India: ED

Mumbai, Sep 18 (PTI) The Enforcement Directorate (ED) on Thursday told a special court here that absconding businessman Mehul Choksi, a prime accused in the Punjab National Bank (PNB) fraud, does not want to return to India as he is fighting extradition proceedings in Belgium.

The ED made the statement while opposing Choksi's request to drop the proceedings to declare him a Fugitive Economic Offender (FEO).

A declaration as an FEO would allow Indian agencies to seize his assets, even those in foreign countries.

The ED argued that the application had no merit, and should be dismissed.

"FEO proceeding terminates only when he appears, so it cannot be terminated now. It's a special law with special provision," the probe agency said.

He is facing extradition proceedings in a court in Belgium where he shifted in 2023 after leaving Antigua and Barbuda. He and his nephew Nirav Modi are wanted in the over Rs 13,000 crore PNB fraud case.

Following his arrest in Belgium, Choksi moved a plea seeking to dismiss the plea filed by ED to declare him FEO.

He is already in custody for cases pending in India for which extradition request was made by Indian Authorities in Belgium. Hence, the application to declare him as Fugitive Economic Offender should be dismissed, the plea said.

But the ED pointed out that he was yet to be handed over to Indian agencies.

"If he so desires, he can come to India and the agency might consider not proceeding with the application to declare him a fugitive economic offender," additional solicitor general Anil Singh told the court.

"On one hand, he's contesting proceedings in Belgium court saying that I cannot be extradited to India, and on the other hand he is saying that I'm arrested, so the application becomes infructuous," the ASG submitted, adding that Choksi chose to stay out of India and not participate personally by remaining present in court.

Choksi's lawyer will present his arguments at the next hearing. PTI AVI KRK