Rubbishing all medical reasons for fugitive diamantaire Mehul Choksi to not be present in court, the Enforcement Directorate told the Bombay High Court on Monday that all the medical conditions stated by Mr. Choksi, “appear to be a facade erected to mislead the court and to delay the proceedings.”
In an affidavit filed in HC on Monday, ED attached medical records from October 2011 to September 2017 and said, “they do not appear relevant.”
According to ED, Mr. Choksi allegedly underwent coronary angiography and coronary angioplasty in February 2018 at New York but his medical records categorically allowed him to return to work within three to five days. The ED told the court that the medical records at Antigua are completely bereft of any recent medical document, investigation or treatment record in support of any medical certificates.
The agency said certificates are specially obtained to hoodwink the due process of law in India and that all medical documentations submitted by Mr. Choksi are merely copies. The reply says, “in the absence of the originals, both the genesis and veracity of the contents of the said documents cannot be relied upon by this court.”
Mr. Choksi’s intention, ED said, is suspicious as he appears to have purposefully failed to submit the medical record from February 2018.
It is also said that he was continuing his treatment in India at Lilavati and Breach Candy Hospitals which can be continued under the supervision of doctors.
“It is apparent that the appellant is again playing hide and seek even before this court. Therefore no further time should be granted to the appellant to submit any other document at this stage. The intention of the appellant, therefore is clearly dilatory in the matter.” The affidavit also mentioned that Mr. Choksi had travelled to Dubai from New York in July 2018.
On July 10, 2018, ED filed an application before the special court to declare Mr. Choksi a FEO. Soon thereafter, on October 31, Mr. Choksi filed 10 applications stating, in one of them, that he wanted to cross examine the deputy director ED who filed the complaint against him under the new Act.
On January 31, 2019, the application was rejected by the special court and he moved HC challenging the order and sought for it to be set aside.
The matter will be argued on Tuesday before a division bench of Justices Indrajit Mahanty and A.M. Badar.