"Unable to travel:" Mehul Choksi moves Bombay High Court for keeping in abeyance fugitive proceedings

Indian-born businessman Mehul Choksi has moved the Bombay High Court seeking abeyance of the proceedings initiated by the Enforcement Directorate (ED) before a Mumbai court seeking to declare him as a fugitive economic offender (Mehul Choksi v. State of Maharashtra & Anr.).Choksi is an accused in the Punjab National Bank (PNB) fraud case worth ₹14,500 crore.The ED had approached the special court with an application under Sections 4 and 12 of the Fugitive Economic Offenders (FEO) Act to declare Choksi as fugitive economic offender and confiscate his properties. .Meanwhile in July 2021, Choksi had been granted bail by Eastern Caribbean Supreme Court, High Court of Justice at Commonwealth of Dominica to travel to Antigua and Barbuda to receive specialised medical attention after taking into account his neurological ailments..Advocates Vijay Aggarwal with Ayush Jindal appearing for Choksi before the Bombay High Court on Thursday, argued that the proceedings be kept in abeyance in view of the conditions imposed by the High Court of Commonwealth of Dominica..Choksi stated in the present application, that he had been permitted to be treated in Antigua and Barbuda and only after he is certified to be fit and capable for travel, would he be required to return to Dominica to face charges against him.In light of these facts, it could not be said that Choksi was “refusing to return to India to face criminal prosecution”, it was submitted..Choksi further stated in the application that he could not be declared as ‘fugitive accused’ as he had not left the country to avoid any criminal prosecution but left much before the registration of any FIRs against him..It was also submitted that he is not refusing to return to India to face criminal prosecution but is being prevented from doing so due to his inability to travel as a consequence of his medical condition..Interestingly, the High Court had in January 2020 granted a stay on the final order to be passed by the Special Court proceedings in an application by Choksi seeking to quash the same. .Bench of Justice Sandeep K Shinde was informed by Aggarwal that the when the Dominica court passed the order, it was done in the presence of Indian authorities and therefore, it will be highly unfair for them to argue that Choksi is intentionally refusing to return to India..Advocate Hiten Venegaokar appearing for ED opposed the application. He sought time to file a detailed reply in light of which the matter was adjourned to December 21, 2021.