He has also sought dismissal of the complaint in the absence of authorisation of complainant.
Mumbai: Nirav Modi, a prime accused in the multi-crore Punjab National Bank (PNB) scam, on Monday filed around nine applications in a special Prevention of Money Laundering Act (PMLA) court seeking various relieves including dismissal of the ED’s complaint to declare him ‘fugitive economic offender’. He has also sought dismissal of the complaint in the absence of proper authorisation of the complainant.
Modi’s counsel Vijay Agarwal in an application filed against the Enforcement Directorate’s (ED) plea seeking to declare Nirav Modi as ‘Fugitive Economic Offender’ has contended that as per section 4 (1) of the Fugitive Economic Offenders Act (FEOA) only an officer not below the rank of director or deputy director “authorised” by the director could file such complaint. He pointed out that ED’s current complaint is filed under the authorisation under the Fugitive Economic Offenders Ordinance, 2018 (FEOO), which has been repealed after coming in force of the FEOA.
It has been pointed out by Modi’s lawyer that though ED’s complaint was filed when the FEOO was in force but subsequently the ordinance was repealed and FEOA was passed by the parliament on July 25, 2018. It is further argued that now the proceedings in the present case are also under the “Act” and not under the “Ordinance”.
“It is incumbent on the part of the ED to place on record a proper authorisation of the person filing the complaint,” read the application adding that the complaint has been filed by one C. Mahesh Chandra Reddy claiming himself to be a deputy director.
However, no document or authority letter has been filed showing the complainant as a deputy director and the authorisation letter is a blanket letter without specifying whether the complainant has been authorised specifically to file a complaint under FEOA or not.