A team of specialists from Mumbai's JJ Hospital will give a report to the Bombay High Court on the present health condition of fugitive diamantaire Mehul Choksi to ascertain whether he is fit to travel from Antigua to India for interrogation or not.
Choksi's lawyers were directed to submit his latest medical reports to the team within a week. Thereafter, the doctors will submit a report on the status of Choksi's health in a sealed cover to the court on July 9.
The Bombay High Court has scheduled the matter for hearing on July 10.
Additionally, a bench consisting Justice Mahanty and Justice Badar have directed the counsel of the Enforcement Directorate (ED) to take instructions whether Interpol Red Corner notice could be relaxed for Choksi to go to Miami from Antigua for necessary treatments.
This came after Choksi's counsel stated that his client cannot move to Miami for further treatment as RCN has been issued against him.
Recently, the ED had offered to provide an air ambulance and a team of medical experts to assist Choksi in travelling from Antigua and provide him with all necessary treatment in India.
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In a counter affidavit submitted before the High Court on Saturday, ED had termed "a facade" an affidavit submitted earlier this week by Choksi in which he claimed that he is unable to return to India due to persistent health problems.
"The medical reasons and conditions appear to be facades being erected merely to mislead the court in an obvious attempt to delay the lawful proceedings. We are ready to provide an expert medical team along with an AIR ambulance to bring him from Antigua to India under medical supervision," the ED stated in its counter affidavit.
The probe agency further stated that Choksi has never cooperated in the investigation into the multi-crore PNB scam.
The agency also informed that Choksi claims his assets worth Rs 6129 crore have been seized. "It is wrong because during probe ED has attached assets worth Rs 2100 crore assets."
The ED also maintained that the fugitive diamantaire was trying to sell all his assets before fleeing from India.
On June 17, Choksi had submitted an affidavit in the Bombay High Court, stating that he is residing in Antigua and was willing to co-operate in the investigation into the PNB scam.
Showing his willingness to cooperate with the investigating agencies --Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) -- he sought a direction to them to conduct the investigation in Antigua.
Choksi also said that he will travel to India as soon as he is medically fit.
"I am ready to undergo any medical examination by an authority to prove the veracity of the claims made by me," he added.
He also said the claim made by the ED that he is not joining the probe is wrong.
The businessman and nephew Nirav Modi are key accused in the PNB fraud case. They fled the country a year ago. The scam is estimated at USD two billion.
Choksi was granted citizenship of Antigua and Barbuda on January 15, 2018.