07.03.

2018

To,

Inspector Damodaran

Inspector of Police, CBI,

3rd Floor, CBI Building,

Bandra Kurla Complex,

Near MMRDA Grounds

Mumbai-400098

India

Re: Investigation in FIR No. RCBSM2018E00001

Dear Sir,

1. Please refer to the notice in the captioned FIR, sent by you seeking my

appearance before your good office on 07.03.2018 at 10.30 AM which has

been received by me on my E-mail as I am travelling.

2. I wish to bring to your kind attention that your good self and your

office is well aware that my passport has been suspended as the

same was communicated to you vide my previous reply also.

3. As you have, in your letter dated 28.02.2018, have stated that ‘it is

not clear whether you have responded to the Notice of the Passport

Authorities to their satisfaction for getting the suspension revoked.’,

I bring to your notice that on 16.02.2018, I received an email from

the Passport Office which stated that my Passport has been

suspended due to the reason ‘Security Threat to India’. On

 28.02.2018, I sent an e-mail to the Regional Passport Office, Mumbai,

requesting them to revoke the suspension of my Passport, however,

I have not received any reply from the Regional Passport Office.

4. I want to assure your good office and good self that I am in no

manner dictating the terms of my appearance. However, as my

Passport stands suspended by the Regional Passport Office under

Section 10(3)(c) of the Passport Act, it is impossible for me to travel

back to India. I further wish to point out that the Regional Passport

Office Mumbai has not given me any explanation as to why my

Passport has been suspended and as to how I am a Security Threat

to India. This goes to show that my Passport has been suspended in

a manner which violates my Constitutional Rights.

5. In my last communication to your good self, I had expressed my

apprehension and concern for my family’s and my safety. I further

wish to bring to your attention that I am being threatened by

individuals with whom I have a business relationship. As there has

been a complete and sudden closure of business, my employees,

customers, creditors etc have started to show their animosity

towards me.

6. I am concerned about my health and well-being. In case I am

arrested, then I would not be able to get proper health care and

would be provided treatment only in a government Hospital. I would

be further denied treatment in a private Hospital. Even though right

to receive proper medical treatment is provided in the Constitution

of India, however, in practicality a person accused of an offence who

is behind prison is denied a doctor of his own choice.

7. Furthermore, the various Political Parties in India have been

politicizing the issue with a view to glorify their own interests. The

entire reports being published in newspapers, various statements

made by members of various political parties and the trial by media

has therefore left me remediless and therefore a bias has been

caused against me.

8. The different media reports portray as if I have already been

convicted by the Hon’ble Courts of India. They have caused great

prejudice to my fundamental rights enshrined by the Constitution of

India. Right to life and right to fair trail are quintessential

fundamental rights guaranteed by the Constitution. The various news

reports and publications against me violate those rights. I have got a

sense from the different reports and publication that there is great

unfairness which is prevalent against me and I would not get a fair

treatment and a fair trial. There is presumption of innocence in

favour of every person until he is proved guilty. This fundamental

principle has been ignored by the media which is evident from their

various reports.

9. The media is conducting a trial by itself and is blowing each and

every issue out of proportion and is exaggerating allegations and

this has left me completely defenseless, especially as my Passport

has been suspended, without due process.

10. Multiple investigating agencies are after my life and the Central

Bureau of Investigation has seized my office servers and I have no

record of my business dealings. I am further being deprived of my

 basic right to communicate and the seizure of my servers have

effectively denied me my fundamental right to defend myself against

the allegations that have been leveled against me. I wish to bring to

your notice and attention that I have been rendered defenseless. All

the documents that were lying in my offices have been seized by the

Investigating Agencies. I have also not been supplied with any copies

of those documents.

11. My properties, both moveable and immovable, have been seized

and/or attached by multiple investigating agencies. The investigating

agencies have sealed my existing showrooms and have further seized

the stock which was lying in the showrooms and have termed the

same as “proceeds of crime”. Despite these seizures, CBI has not

placed on judicial record the Seizure Memo as per the provisions of

the Code of Criminal Procedure.

12. The Investigating Agencies cannot in any way infringe the

fundamental right to silence as enshrined under the Indian

Constitution. It is well settled that an investigating agency cannot

adopt measures to get information by unfair means and cannot force

a person to accede to their requests in giving them the desired

answers.

13. CBI in this matter has seized documents from various places during

investigation in the matter. Even though under Section 102 CrPC

the police officer has power to seize property which may be alleged

or suspected to have been stolen, or which may be found under

circumstances which create suspicion of the commission of any

offence, the submission of a seizure report is a mandatory

 requirement of Section 102 CrPC. It is necessary that the requirement

of Section 102 CrPC be complied with by CBI.

14. There has been a gross abuse of process of law by the Investigating

Agencies. The seizure of my movable/immovable properties, bank

accounts and shutting down of all my offices in India has caused

prejudice against me. It is in the interest of justice that I be granted

an opportunity to have a free and fair trial, however, the investigating

agencies are acting with a pre-determined mind which is hampering

the process of law and interfering with the course of justice.

15. It has been held by the Hon’ble Supreme Court that an Investigating

Officer must conduct a fair and proper investigation to bring out the

real truth. It is imperative that the Investigating Officer must not act

as Prosecution in order to have the accused convicted by the Hon’ble

Courts.

16. I am deeply affected by the media and Investigating Agencies as

they have also roped in my family members with a view to prejudice

me. The media and investigating agencies are aware that they can

harass me if my family members can be connected to the cases filed

against me.

17. I have been called a ‘fugitive’ many a times and I would like to inform

your good offices that I had travelled abroad for my business, prior to

the registration of the captioned FIR and this is no manner can mean

that my travel abroad was a direct result of the registration of the

captioned FIR. Further, the searches conducted by the Enforcement

 Directorate are contrary to the provisions of the Prevention of Money

Laundering Act and the Code of Criminal Procedure.

18. The unfairness of the investigation is apparent as my family members

have been roped in without any justification and the moreover the

allegations leveled against Mr. Nirav Modi are different.

19. The unfair manner in which the investigation is being carried out is

evident from the fact that you good self had directed me to approach

the Embassy for a temporary travel document, knowing fully well that

under no provision of law, a direction can be issued to me to go to an

Embassy.

20. I am suffering from extreme mental agony due to the above aspects

raised. The notice has been issued directing me to appear on

07.03.2018 at 10:30 AM without even considering the above-

mentioned factors.

21. I am also not in a position to travel due to my persisting health

problem. I had a cardiac procedure which was conducted in the first

week of February 2018 and there is still pending work to be done on

the same. The entire procedure could not be completed on all veins

due to danger to kidney and therefore I am not allowed to travel for

at least a period of four to six months.

22. I reiterate that I am continuing to work outside India and considering

the difficulties my business has faced due to the unfairness of the

investigating agencies, it is requested to your good self to

 communicate with me on mailto:mehul17@yahoo.com or my

Advocate, Sanjay Abbot having mobile number 9810259420 in

respect of any issues which you consider is needed to be addressed

to me concerning the investigation.

Regards,

Mehul Choksi