Experts contest the legal basis on which the IPL ex-chief was treated as persona non grata
When former IPL commissioner Lalit Modi says there was no Interpol notice against him, he is correct. Finance Ministry on Tuesday clarified that there was a “light blue-cornered notice issued by the Directorate of Revenue Intelligence (DRI) in 2010”, which is not the same as the Blue Corner Notice issued by the Interpol. A Blue Corner Notice is issued in cases related to economic offences and means the authorities need to know the whereabouts of the person against whom it is issued at all times.
Government sources told dna that it was the cabinet decision of the UPA Government not to approach the Interpol for extradition of Lalit Modi, holed up in Britain since 2010 when the Enforcement Directorate started a probe against him. However, it seems the UPA government’s stand to declare Lalit Modi as persona non grata for not appearing for hearing does not have sound legal basis. According to lawyers, an Indian passport holder cannot be declared persona non grata on account FCRA violations and not appearing to assist in investigation..
Meanwhile, the Ministry of External Affairs (MEA), which is in dock for not appealing against Delhi High Court's order in August last year for restoration of passport to the absconding cricket administrator Modi, on Tuesday said it was done after due consultations with the Enforcement Directorate. “Our ministry was simply acting at the behest of the Enforcement Directorate. The passport was revoked at the behest of the ED and even the decision not to appeal against the restoration of the passport was done at its behest,” an MEA official said.
Lalit Modi's passport was revoked as he did not heed at least three ED summons and stayed away even after a blue corner notice was issued by the Revenue Intelligence. The MEA official said the UPA cabinet may have decided against extradition since the process drags on for years and it felt he would be compelled to return because he no longer had a passport to travel abroad.
A much likelier possibility is that Lalit Modi's offences, such as they were, could leave every political party scarred. Arun Jaitley himself headed Delhi district cricket association until becoming the minister while Sharad Pawar of NCP and Rajeev Shukla of the Congress as also BJP president Amit Shah were all key players in the Board of Control for Cricket in India (BCCI).
Finance minister Arun Jaitley himself came out in the open on Tuesday to defend his cabinet colleague in the wake of stepped up pressure on Sushma Swaraj’s resignation by Congress and Left parties.
“All allegations levelled are baseless... Whatever she did was with good intentions,” Jaitley said, in line with BJP’s stand, at a news conference called to announce additional amount of Rs 1667 crore as a part of short-term relief for the flood-ravaged Jammu and Kashmir.
Incidentally, ahead of the news conference, Jaitley, Rajnath Singh and Swaraj met at Singh’s chamber in North Block for about an hour.
Modi fled India when the ED wanted to question him about FEMA violations in 2009 when he moved IPL's second edition to South Africa after the home ministry threw its hands up over security, since it coincided with the general elections. The passport revocation notwithstanding, Modi had managed to stay put in the UK all these years. As per the British rules, Modi's Tier 1 (Investor) visa entitles him to stay in the UK for an initial period of three years with a possible two more years if he continues to meet the requirements of a minimum investment of 1 million pounds.
Based on his qualification of two years' continuous residence in the UK and an investment of 10 million pounds, Modi would have qualified to make an application under what's called the accelerated route to settlement for “indefinite leave to remain” in the UK. In fact, Modi did try to take advantage of this scheme but it was rejected by the UK Home Office. Modi had appealed against this and at the same time applied for the Black Certificate of Travel and it was here Sushma Swaraj felt nothing wrong in a little bit of a nudge to the British authorities for a friend's sake.
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