Supreme Court rules that Benami law cannot be applied retrospectively, says Supreme Court.
The Supreme Court Thursday remanded back to the Bombay High Court for fresh adjudication in four weeks an appeal filed by the CBI challenging the nod granted to Mainak Mehta, the brother-in-law of fugitive diamantaire Nirav Modi, to travel to Hong Kong.
Nirav Modi is an accused in the Punjab National Bank (PNB) fraud case. The CBI has alleged that Mehta received a large sum of money siphoned off in the PNB fraud scam and transferred them to his and his wife's offshore bank accounts.
A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and J B Pardiwala said the CBI and Mehta may file additional documents in the high court within a period of two weeks and the plea will be decided within two weeks after that.
The court, in its order, noted that Mehta's counsel senior advocate Amit Desai, on instruction, has agreed to give a letter of authority to the central probe agency to access the details and probe his two offshore bank accounts.
The CBI plea, filed through its Director, Banking Securities Fraud Branch, Mumbai, challenged the August 23, 2022 order of the Bombay High Court which had allowed Mehta to travel to Hong Kong and stay there for three months.
The high court had upheld the order of the special CBI judge, Mumbai, quashing the look out circular issued against Mehta by the CBI and had permitted him to go to Hong Kong for a period of three months.
Mehta is a British national, who lives in Hong Kong with his family and had come to India on September 8, 2021 for appearing in a Mumbai court.
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First Published: Feb 09 2023 | 1:46 PM IST