Don’t behave like Vijay Mallya, the Delhi high court on Wednesday told controversial meat exporter Moin Qureshi and directed him to return to India by mid-November and appear before the Enforcement Directorate for questioning in a money laundering case against him.
“Do not behave in a fashion Vijay Mallya did,” Justice A K Pathak said as he turned down a plea of Qureshi, who is in Dubai, for interim protection from arrest or any coercive action by the agency for 15 days.
“Don’t take the line of businessman Vijay Mallya. You have to first appear for questioning. You are not in India. This shows that you do not want to appear. First you return to the country and join the questioning,” the court said, adding it was ‘not inclined to grant any interim order’.
It further said it was not going to restrain the agency from taking any ‘coercive steps’ against Qureshi, who had recently managed to go abroad despite a Lookout Circular issued against him by the Enforcement Directorate.
“You appear before them (ED). To arrest you or not, is upon them. I am not going to say anything. If you don’t want any coercive steps against you, then go for an anticipatory bail,” the judge said.
The court, however, stayed till November 16 the LC issued against Qureshi by ED to detain him at the entry-exit points in India and directed him to appear before the agency on November 22.
The high court’s direction came on Qureshi’s plea, filed through his daughter Sylvia Qureshi, in which he has sought a restraint on the law enforcement agency from arresting or taking any coercive action once he joins the investigation.
Qureshi’s counsel R K Handoo also urged that he should be protected for at least 15 days, otherwise great prejudice would be caused to his client.
“I will straightway come to your office after landing in India,” Handoo said, adding that “Qureshi was subjected to extreme humiliation and ridicule in India and abroad, portraying him as an absconder, who is evading the law and government agencies and has allegedly given the slip to the authorities by leaving the country on October 15.”
On being stopped at IGI Airport on October 15, following issuance of the LC, Qureshi had left for Dubai after showing a trial court order obtained in an income tax case in which he was granted bail.
Qureshi’s counsel said his client be ‘protected from arbitrary exercise of powers by the agencies, trampling his fundamental right to life and liberty, on contrived and false proceedings initiated against him by way of an unstatutory ECIR (Enforcement Case Information Report) under PMLA, passing it as an FIR, at his back inflicting irreparable injury in his body, mind and reputation’.
To this, Justice Pathak said, “I will hear it and decide the matter finally. I am giving a short date. I cannot do anything at this stage. Wait for some reasonable time. I do not think any kind of injustice or prejudice would be caused to your client. I am not inclined to pass any interim order.”
The bench issued notice to the Ministries of Home Affairs and Finance, ED and Foreigner Regional Registration Office seeking replies within four weeks on Qureshi’s plea to quash the ECIR lodged by the agency.
The bench also asked ‘how can ECIR be quashed at the preliminary stage of the investigation. In nine months, you do not approach the court for quashing of the ECIR and now you vanish’.
Additional Solicitor General Sanjay Jain and ED counsel Amit Mahajan also opposed the request and said the agencies were trying to investigate the trail of the cash recovered from him.
“Let us file our reply, then only the court should pass any order after hearing the parties,” ASG submitted.
Taking note of this, the bench said the matter will be taken up for further hearing on January 6 next year.
“Quashing at this initial stage of the investigation is not called for. During investigation into the matter, high court should not interfere into or quash such proceedings. This can only be done at the final stage or after hearing the matter finally, for which the respondents’ reply is necessary,” it said.
The ED had asked Qureshi to report before its investigating officer next week in connection with a case registered against him under the Prevention of Money Laundering Act.
The Delhi-based meat exporter was briefly detained at the Indira Gandhi International Airport in New Delhi, based on ED’s Lookout Circular on October 15. The immigration department had informed the agency about it. He had then presented a trial court order in which there was no restriction on his flying abroad.
The ED had registered a case against Qureshi under the PMLA last year. He is under scanner of probe agencies for alleged tax evasion and hawala-like dealings.
Qureshi in his petition had also stated that the ED had conducted search at his premises under Foreign Exchange Management Act and had been investigating allegations in which he and others were called and they had appeared on various occasions for questioning.
“After recording of the statement of petitioner under FEMA in the office of ED, petitioner was served summons for his appearance, purported to be under the PMLA.
“The travel on October 15 of the petitioner was initially scheduled till October 22 but unfortunately had extended due to circumstances beyond the control of the applicant, as his wife got seriously ill in the United Kingdom.
“This visit of the petitioner, like earlier, was also in compliance with all the requirements of law of intimating the trial court,” the plea said.
