Nirav Modi, Choksi summoned by court under new law

Agencies
July 26, 2018

Mumbai, Jul 26: A PMLA court here summoned on Thursday diamond jeweller Nirav Modi and his uncle Mehul Choksi to appear before it on September 25 and 26 respectively on the Enforcement Directorate's plea seeking action against them under the new fugitive economic offenders law in the alleged USD 2 billion PNB bank fraud case, officials said.

The agency had recently moved the court seeking to declare the diamond traders as 'fugitive economic offenders' and to confiscate their assets worth Rs 3,500 crore in the case.

The court has sought their appearance on September 25 (Nirav Modi) and 26 (Mehul Choksi) respectively under the fugitive economic offender law, they said.

The ED had filed two separate applications against the duo before the special court that hears matters under the Prevention of Money Laundering Act (PMLA).

Parliament yesterday only passed the fugitive bill by a voice vote in the Rajya Sabha. The Lok Sabha had cleared this Bill on July 19.

The agency, early this month, had moved a similar application against businessman Vijay Mallya in the Rs 9,000-crore alleged bank loan fraud case and the court has summoned him for August 27.

In this case of the diamantaires', the agency seeks to confiscate assets, both movable and immovable, including those located in the United Kingdom and the UAE.

The move has been made on the basis of the two PMLA charge sheets filed by the agency against the two designer diamond jewellers on charges of alleged money laundering.

"Investigations have revealed that Nirav Modi and Mehul Choksi have committed the offence of cheating against Punjab National Bank (PNB) in connivance with certain bank officials by fraudulently getting the LOUs/FLCs issued without following prescribed procedure and caused a wrongful loss to the bank.

"They have further siphoned off the proceeds of crime so generated through layering through multiple dummy, related, connected entities in India and abroad," the agency had said in its application.

Nirav Modi and Choksi are being investigated by the ED and the CBI after it was detected that they allegedly cheated the Punjab National Bank of more than Rs 13,400 crore with the purported involvement of a few of its employees.

The scam, which reportedly began in 2011, was detected in January this year, after which PNB officials reported it to the probe agencies.

Two criminal complaints were filed by the ED in these instances after taking cognisance of CBI FIRs.

Non-bailable warrants were issued against the two, while an Interpol 'red corner' arrest warrant was issued against them on the request of the ED.

The agency had conducted 260 searches in this case across the country.

The Fugitive Economic Offenders Bill, 2018 was introduced in Lok Sabha on March 12 and passed on March 19.

"A fugitive economic offender is a person against whom an arrest warrant has been issued in respect of a scheduled offence and who has left India so as to avoid criminal prosecution, or being abroad, refuses to return to India to face criminal prosecution," the government had said.

Cases of frauds, cheque dishonour or loan default of over Rs 100 crore would come under the ambit of this ordinance.

The government has said the ordinance offers necessary constitutional safeguards in terms of providing hearing to the person through counsel, allowing him time to file a reply, serving notice of summons to him, whether in India or abroad and appeal before the high court.

Comments

Well Wisher
 - 
Thursday, 26 Jul 2018

Dear Govt,

Go for a simple & brilliant step. Just cancel their passport/nationality and distribute their property among poor people. Let them beg & live in foreign countries.

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News Network
May 8,2020

Aurangabad, May 8: At least 15 migrant workers, who were sleeping on the railway tracks while going back to their native places, were run over by a goods train between Maharashtra's Jalna and Aurangabad, officials said on Friday.

A senior railway official confirmed that 15 migrant labourers were run over by a goods train between Jalna and Aurangabad of Nanded Divison of South Central Railway.

The official said that the incident happened around 5.30 am on Friday when the migrant workers, who were on way back to their homes and sleeping on the railway tracks.

However, it is yet not clear from where this group hailed and where they were going.

Amid the nationwide lockdown, thousands of migrant workers stranded in several other cities have started their journey to return to their native places on foot.

The interstate bus service, passenger, mail and express train services have been suspended since March 24.

The railways has started running Shramik Special trains to transport the stranded migrants to their native places since May 1.

Till Thursday railways has run 201 Shramik Special trains.

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News Network
March 24,2020

New Delhi, Mar 24: The total number of active COVID-19 cases reported so far in the country stands at 446 while the number of people who have been cured or discharged stands at 36, according to the Ministry of Health and Family Welfare.

Nine people have died from the disease while one case has migrated, the Ministry further informed.
The Central government has taken several steps to contain the rapid spread of the virus, including stoppage of all incoming passenger traffic on 107 immigration check posts at all airports, seaports, land ports, rail ports, and river ports.
There is a complete lockdown in as many as 548 districts of the country affecting several hundred million people.
The Indian Railways has also cancelled all passenger train operations till March 31.

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News Network
March 6,2020

New Delhi, Mar 6: Union Finance Minister Nirmala Sitharaman on Friday will move the Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019 for consideration and passing in Lok Sabha.

In December last year, the Union Cabinet had approved a proposal to promulgate an ordinance to amend the Insolvency and Bankruptcy Code (IBC) 2016.

The amendments will remove certain ambiguities in the IBC 2016 and ensure smooth implementation of the code, an official statement said.

The move is aimed at easing the insolvency resolution process and promoting the ease of doing business. Aimed at streamlining of the insolvency resolution process, the amendments seek to protect last-mile funding and boost investment in financially-distressed sectors.

Under the amendments, the liability of a corporate debtor for an offence committed before the corporate insolvency resolution process will cease.

The debtor will not be prosecuted for an offence from the date the resolution plan has been approved by the adjudicating authority if a resolution plan results in change in the management or control of the corporate debtor to a person who was not a promoter or in the management or control of the corporate debtor or a related party of such a person.

The amendments are aimed at providing more protection to bidders participating in the recovery proceedings and in turn boosting investor confidence in the country's financial system.

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