The Aryavarth Express
Agency (New Delhi): The Delhi High Court has instructed businessman Mehul Choksi, accused in the Punjab National Bank (PNB) scam, to physically present himself for a hearing. This directive comes in light of Choksi’s appeal challenging a single-judge order that dismissed his plea to pre-screen ‘Bad Boy Billionaires’, a docuseries by Netflix. Choksi has argued that the series, released in October 2020, contains footage portraying him negatively, which he believes could impact the ongoing legal proceedings against him in India.
Choksi, a promoter of Gitanjali Gems and the uncle of fellow accused Nirav Modi, is embroiled in the PNB fraud case involving over Rs 10,000 crore. He left India in 2019 and subsequently obtained citizenship in Antigua and Barbuda.
The bench of Justices Vibhu Bakhru and Amit Mahajan previously ordered Choksi to deposit Rs 2 lakh with the court as a precondition for proceeding with his appeal. The court recognized that Choksi is neither a citizen nor a resident of India and is involved in several pending legal proceedings in the country. This deposit is intended to secure the costs of the proceedings, with the court noting that recovery of any imposed costs might be challenging if Choksi’s appeal fails.
On August 28, 2020, a single judge denied relief to Choksi, stating that a writ petition for the enforcement of a private right is not maintainable. The judge suggested that Choksi’s concerns should be addressed through a civil suit.
The division bench, on September 7, 2020, sought responses from the Centre and Netflix on Choksi’s appeal against the single judge’s order. Netflix opposed the plea, arguing that internet video streaming platforms cannot be regulated and that Choksi should pursue a civil suit for his grievances.
Choksi’s petition before the single judge had claimed his right to a presumption of innocence and a fair trial under Article 21 of the Indian Constitution, along with the right to reputation. However, the single judge had denied relief, suggesting that a civil suit would be the appropriate remedy for Choksi’s concerns.
