The Delhi High Court on Wednesday ordered diamond merchant Nirav Modi’s company, Firestar Diamond, to ask him to return to the India.
The court expressed inevitability of his presence as a serious concern over Mr. Modi’s statement that he will absence to jurisdiction of Indian agencies or courts.
“We are dealing with a fugitive here according to them. A fugitive from justice stands on a different footing,” the Bench remarked.
It said there was merit in the Enforcement Directorate’s contention that while the “driving force behind the companies” (Mr. Modi) was not submitting to jurisdiction here, his companies cannot be given any discretionary relief.
The court’s attention mode turned on after the company’s lawyer said relief should not be refused to it on a technicality that Firestar International had sanctioned the filing of petitions by its subsidiary, Firestar Diamond.
“If we should not stress upon technicality, then ask Mr. Modi to come back. Ask him to come back,” the Bench expressed the concern to advocate Vijay Aggarwal, who appeared for Firestar Diamond and Firestar International.
E.D represent,additional Solicitor General Sandeep Sethi, escalated many objections, including that of jurisdiction, against maintainability of the pleas. The agency included that relief should not be allowed to the two companies under the ultimate power of the court as Mr Modi was a convict, disrespected justice from justice, not abide law as concerned, and not joining the investigation.
The agency proved that Mr. Modi was the person who played behind the curtain, the share holding pattern of the two companies and several others.
Mr. Aggarwal pointed that the media has naming his client as a fugitive and only non-bailable warrants have been issued against him and no order to him claiming as an absconder has been passed.
He said to the Bench to either stay the ED proceedings against the two companies or direct the agency to grant the specific reasons for its search and seizure action.
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