The agency had sent summons through email but the fugitive had denied receiving them
GN Bureau | July 27, 2015
The Enforcement Directorate on Monday approached a special court dealing with money laundering cases to secure a non-bailable warrant against Lalit Modi.
Lalith Modi had claimed on Saturday that he had not received any notice from the ED in the money laundering case and advised the agency to serve summons through the “international process.”
“As the enforcement directorate has not yet served me the notice to appear - I will tomorrow (Sunday) share intl [international] process,” tweeted Modi. He would be happy to receive and answer the summons if served on him abroad, he said.
The ED had taken unconventional steps by first sending the notice to Modi’s lawyer and then through email.
As per rules, serving a notice of personal appearance on anyone living abroad is a time-consuming process, as it has to be routed through the home and external affairs ministries. Besides, the agency has to ensure that the notice reaches the person well ahead of the date of appearance.
The ED will have to exhaust all other options available to ensure Modi’s personal attendance before seeking a court warrant against him. Based on the warrant, the agency can initiate the process of securing an Interpol red-corner notice and then the extradition proceedings in the United Kingdom. B
The Indian government will have to fight another round of legal battles in the UK, if Modi takes recourse to statutory safeguards.
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