Mehul Choksi says investigating agencies are flouting procedures

Mehul Choksi, promoter of Gitanjali Gems, has blamed the investigating agencies for not following the procedures. He also said that he was out of the country due to serious health reasons.

Choksi and his nephew Nirav Modi, who is also not in the country, are being investigated for unleashing ₹13,000-crore fraud in banking sector through Punjab National Bank.

Responding to a Central Bureau of Investigation notice to appear in person on March 7, Choksi in a communication said he was suffering from extreme mental agony and was not in position to travel due to cardiac procedure conducted in the first week of February, which required further medical treatment.

The entire procedure could not be completed on all veins due to danger to kidney and so he is not allowed to travel for at least four to six months, he said.

“There has been a gross abuse of process of law by the Investigating Agencies and the seizure of properties, bank accounts and shutting down of all offices in India has caused prejudice against me. The investigating agencies are acting with a pre-determined mind which is hampering the process of law... It is imperative that the Investigating Officer must not act as Prosecution in order to have the accused convicted by the Courts,” he said in the letter accessed by BusinessLine .

Stating that he is deeply affected by the media trial, he said the right to life and right to a fair trial are fundamental rights guaranteed by the Constitution and the various news reports and publications against him violated those rights.

“The unfairness of the investigation is apparent as my family members have been roped in without any justification and moreover the allegations levelled against Nirav Modi are different,” he said.

Further, the searches conducted by the Enforcement Directorate are contrary to the provisions of the Prevention of Money Laundering Act and the Code of Criminal Procedure.

“...I am being threatened by individuals with whom I have a business relationship. As there has been a complete and sudden closure of business, my employees, customers, creditors etc have started to show their animosity towards me,” he said.

“In case I am arrested, then I would not be able to get proper health care and would be provided treatment only in a government hospital. I would be further denied treatment in a private hospital. Even though right to receive proper medical treatment is provided in the Constitution of India, however, in practicality a person accused of an offence who is behind prison is denied a doctor of his own choice,” he said.

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