Modigate: Interpol rejects India's Red Notice request against Lalit Modi
Interpol has rejected the Enforcement Directorate's request of getting Red Corner Notice issued against former IPL Chairman Lalit Modi in a money laundering case in the T20 cricket tournament. Ruling in favor of Modi, Interpol dealt a strong blow to India's chances of extraditing him from the UK to India. The first such request by the ED to the Interpol was made in 2015.
About Lalit Modi
Lalit Modi is an Indian businessman. He was the BCCI's Vice-President during 2005-10, and also the Indian Premier League's first Chairman and Commissioner. He ran the tournament till 2010. After IPL 2010 concluded, he was suspended from BCCI and accused of misconduct, financial irregularities, and indiscipline. After investigation, BCCI banned him for life as the committee found him guilty of these charges.
Enforcement Directorate launches probe into Modi's alleged financial irregularities
Modi moved to London, after which the Enforcement Directorate launched a probe into his alleged financial irregularities. His passport was revoked in 2010; however, the decision was overturned by a High Court in 2014. ED registered a money laundering case against him based on a 2012 Chennai Police complaint on charges of alleged BCCI-IPL cheating in granting overseas telecast rights of IPL in 2009.
ED invokes PMLA along with IPC Sections 420, 120-B
ED wrote to Chennai Police to expedite investigation in their FIR but there was no progress. Chennai Police's 2010 FIR was filed following the then-BCCI Chief N Srinivasan's complaint against Modi and others. ED invoked Prevention of Money Laundering Act along with IPC Sections-420 (cheating), 120-B (criminal conspiracy) to investigate if BCCI-IPL and the exchequer were cheated in the award of telecast rights in 2009.
Modi is not known in Interpol's database: Interpol
Modi had contested the issuance of such a warrant against him by Interpol. He posted on his Twitter a certificate, which stated Interpol's stand that he is not "subject to an Interpol Red Notice or diffusion and is not known in Interpol's database."
ED's request being delayed since 2015
Interpol has been delaying ED's request for a global warrant against Modi since 2015. Its latest order relied on the fact that there is "insufficient judicial data" against Modi. However, ED submitted FIR records, other accused persons' statements, and other reports to the global police body multiple times. ED also underlined the need to get Red Corner Notice (RCN) against Modi but to no avail.
Non-availability of charge-sheet
Interpol cited "non-availability of charge-sheet" for not issuing RCN, a reason that rarely has a precedent in Interpol operations. RCN seeks "the location of a wanted person and his/her detention, arrest or restriction of movement for the purpose of extradition, surrender or similar lawful action."
ED to pursue other legal avenues
ED will study Interpol's order and take up the matter with the government and CBI, the nodal body for India's Interpol affairs. ED will ask External Affairs Ministry and CBI to take up with past Interpol cases where other countries and India got RCNs issued only by providing required legal documents. Calling the development "fishy", ED reportedly said it will pursue other legal avenues.
