A special CBI court in Mumbai has rejected Purvi Modi's plea to appear through video conferencing in the ₹13,000 crore PNB fraud case, holding that her physical presence is necessary for detailed interrogation involving financial documents and transactions. According to reports from The Economic Times, special CBI judge S.K. Karhale stated that 'Mehta is a proposed accused and she is not a witness or approver. Her presence in this case is imperative for the purpose of confrontation with voluminous documents, accounts, entries, transactions, etc., which require detailed interrogation. This kind of interrogation in serious cases like this may not be possible through V.C.' The court emphasized that 'there is no doubt that a progressive approach has to be adopted by all stakeholders, but in any case, no accused or proposed accused under the garb of progressive approach could be allowed to evade the investigation in a serious crime'. As reported by ETBFSI, the court stated that 'the applicant has no legal right to insist for recording of her statements under the above-referred provisions through V.C. only' and that 'considering her role in the alleged crime, this Court is of the view that her physical appearance before the Investigating Officer for recording her statement is necessary'. The rejection of Purvi Modi's video-conferencing request means her statement will now have to be recorded in accordance with the procedure determined by the special CBI court, before her plea to turn approver can be considered.
Considering her alleged role in the crime, Purvi Modi's physical appearance before the investigating officer was necessary, as stated by special CBI judge S.K. Karhale in his order passed on Monday. The court noted that 'Mehta had never turned up before any agency' and observed that she was made an approver in the money-laundering case lodged by the Enforcement Directorate against Nirav Modi on the condition that she return to India, appear before the court and extend full cooperation with the judicial proceedings. The court also pointed out that 'the plea of inability to travel due to the COVID-19 pandemic ceased to exist long ago, yet for more than five years thereafter she has made no bona fide effort to be present before the competent Court'. According to ETBFSI, the court stated that 'she has no genuine intention of submitting herself to the jurisdiction of this court and is merely attempting to secure procedural indulgence without fulfilling the mandatory obligations imposed upon her' and the present plea is 'nothing but an attempt to remain beyond the reach of the Indian criminal justice system'.
According to The Economic Times, Purvi Modi, a Belgian national and Nirav Modi's younger sister, has filed a plea before the court for turning an approver or a prosecution witness in the case. The Central Bureau of Investigation had last year filed a third supplementary chargesheet in the Nirav Modi-Punjab National Bank fraud case against Mehta in March, which is still pending for cognisance. Her request to become an approver is significant because an approver can provide evidence or testimony against other accused persons, subject to the court accepting the plea and compliance with applicable legal conditions. As reported by ETBFSI, the court noted that 'the decision will be swayed by the views of the prosecution' and the Central agency wanted to interrogate her but Purvi Modi was evading physical appearance. The court must first obtain and examine her statement in accordance with the applicable procedure before considering her application on its merits. The rejection of the video-conferencing plea does not by itself determine whether Purvi Modi will be granted approver status, but clears the immediate procedural issue concerning the manner of her statement recording.
As reported by The Economic Times, Nirav Modi and his uncle Mehul Choksi are accused of committing a ₹13,000 crore fraud in connivance with bank officials by obtaining fraudulent Letters of Undertaking (LoUs) at the Brady House PNB branch in Mumbai. The alleged fraud was reported at more than $2 billion, which was equivalent to over ₹13,000 crore at the time. The case dates back to 2018 and centres on alleged financial irregularities at the bank's Brady House branch in south Mumbai. Both Purvi Modi and her husband Maiank Mehta have been named as accused in the PNB fraud case, while they have already been granted approver status in a related money laundering case being investigated by the Enforcement Directorate. The alleged fraud was reported at more than $2 billion, which was equivalent to over ₹13,000 crore at the time. Both the CBI and ED have been investigating the alleged fraud and associated money laundering since 2018.
According to The Economic Times, the court stated that Purvi Modi cannot claim recording a statement through video conference to be her right. The judge noted that her conduct reflects no genuine intention of submitting herself to the jurisdiction of the court and the present plea is nothing but an attempt to circumvent the due process of law. As reported by ETBFSI, the court pointed out that 'the approach of the CBI is not fair and progressive' and that 'the Bombay High Court's video conference rules and the CBI's own manual have provisions for the use of VC for recording statements of witnesses and accused'. The court also noted that her past conditional pardon in a related Prevention of Money Laundering Act (PMLA) case was upon condition that she will return to India. The development assumes importance because Purvi Modi and her husband have already been granted approver status in a related money laundering case, and their role and statements in that proceeding could potentially have a bearing on the broader investigation.
