Enforcement Directorate says former IPL chairman Lalit Modi gave false submissions to Interpol

Central enforcement agencies pushing for Lalit Modi's extradition have written to international policing agency Interpol, saying Modi gave it false submissions and that there was enough evidence against him to bring him back to India.

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Lalit Modi.

New Delhi,UPDATED: Jun 14, 2017 17:48 IST

Central enforcement agencies are pushing for former IPL Commissioner Lalit Modi's extradition to India. They have written to the international policing agency, saying Modi had given false submissions to Interpol and that there is enough evidence against him for his extradition.

Sources in the CBI told India Today that the agency had received a request from the Enforcement Directorate earlier this month. CBI, which is the nodal agency for Interpol in India, has been communicating with the latter on the matter.

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In its request, the Enforcement Directorate has stated that Lalit Modi's contention that he cannot be extradited as per the UK law as he was never taken into custody or arrested is misleading.
Earlier, Modi had submitted before Interpol that under the UK law, for transferring people outside the UK in pursuance of Article 11(1) (d) of the Mutual Legal Assistance Treaty, where the requested person is not already in custody in the UK and does not consent to transfer, there is no provision for extradition.
The Enforcement Directorate's contention is during course of the investigation, Modi was summoned for questioning. However, he refused to cooperate.
Subsequently, a special court in Mumbai issued a non-bailable warrant against him, seeking his presence in the court.
He has given misleading submissions before Interpol and that Article 11 (1) (d) states that transfer of people, including those in custody for the purpose of assisting in investigation or giving evidence in proceedings. It is an inclusive clause and not exclusively applicable to people in custody only.
The principal secretary of Tamil Nadu government had informed the central agencies and Chennai Police that there is no 'internal report' as alleged by Modi.
Thus, he has misrepresented the fact which led to Commission for the Control of Files (CCF) recommending deletion of the data against him.
The case against him has been transferred to the CID Crime Branch to expedite the investigation.
Interpol had also inquired from the agencies whether a chargesheet had been filed against him. Reacting to this, the agencies stated that the matter was still under investigation and no chargesheet had been filed by the Chennai Police, which registered the predicate offences case.
The Enforcement Directorate is probing offences related to money laundering, under Section 3 of the Prevention of Money Laundering Act (PMLA).
The agencies have stated that there is concrete evidence against Modi, calling for his extradition. To obtain further evidence, replies are awaited for letters of request, which have been sent to Singapore, Hong Kong, Mauritius and the UAE. He has never been examined as he fled India and misled the international policing agency.