PNB Scam : Nirav Modi's Brother-in-Law Agrees Before Supreme Court To Give Authorisation To CBI For Bank Accounts

The Supreme Court on Thursday directed the Bombay High Court to consider afresh the plea of Nirav Modi’s brother-in-law Mainak Mehta to travel back to his home in Hong Kong. The bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, took note of the fact that Mehta was willing to give authorisation to CBI so it may directly approach banks for disclosure of his account statements, and also furnish security as required.

The CBI had approached the Apex Court against the Bombay High Court order allowing Mehta to travel to his home in Hong Kong. Mehta is a British national who lives in Hong Kong with his family. He returned to India on September 8, 2021 and made his first appearance before the court in Mumbai. After a few months, Mehta expressed that his work back home in Hong Kong was pending and that his family, consisting of a wife, children, and elderly parents, needed him. Mehta was permitted to travel home. Both the CBI and ED are investigating the Punjab National Bank case against Nirav Modi and have filed charge sheets in the case.

In the last hearing, upon the submissions of ASG SV Raju stating that Mehta had refused to provide CBI with a letter of authority, the Supreme Court had suggested Mehta to provide CBI with a "Letter of Authority" for bank accounts which are being probed by the CBI in relation to the Punjab National Bank (PNB) fraud case.

Today, Senior Advocate Amit Desai, appearing for Mehta, while highlighting that Mehta had fully cooperated with the process, submitted that the Letter of Authorisation would be furnished as recommended so CBI may directly approach banks for disclosure of account statements. However, the same shall be done provided that CBI furnishes a time frame within which Mehta would be permitted to travel abroad. He also submitted that Mehta was willing to furnish security including title deeds of immovable properties of his parents as well as passports of his parents. Senior Advocate Amit Desai said–

"He has fully cooperated and yet not allowed to travel. Now people are actually afraid to even cooperate, seeing his example of how he has been treated."

CJI DY Chandrachud, while dictating the order, said–

"As the case has evolved before this court, it is apparent that the situation obtained before the High Court when impugned order was passed is substantially different at present point consequent upon the demand of CBI. First respondent has been willing to give authorisation to CBI provided time frame for process to be completed is given. Regarding the issues which are sought to be raised by CBI, it'd be appropriate for the proceedings to go back to High Court. We are desisting for proceedings to go back to CBI Special judge so there is no delay. The High Court shall consider the matter afresh and pass fresh orders within a month."

Case Title: CBI v. Mainak Mehta & Ors. | SLP(Crl) No. 8915/2022 II-A

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