The Enforcement Directorate’s (ED) money-laundering probe linked to the Nirav Modi scam has entered a new phase after the
Central Bureau of Investigation (CBI) agreed to grant pardon to
Maiank Mehta, a British citizen and long-time Hong Kong resident. The move follows submissions by
Mehta’s counsel that he has cooperated with Indian authorities since 2021 and is willing to make a “full and true
disclosure” of facts within his knowledge.
Case Background
The ED’s money-laundering case is predicated on a CBI predicate offence involving alleged fraud and criminal
conspiracy. According to defence counsel Vijay Desai, Maiank voluntarily came to India in September 2021
and assisted agencies in tracing, attaching, and confiscating assets of Nirav Modi in favour of the Government of India.
During the investigation he was arraigned as an accused but, the defence says, continued to cooperate.
CBI’s No-Objection to Pardon
In court, the CBI stated it had no objection to tendering pardon to Maiank Mehta, noting his earlier
approver status in the ED proceedings. The prosecution agreed to the pardon on the condition that Mehta provides a
full and true disclosure about Nirav Modi’s role and the wider conspiracy. Such pardons, when accepted,
convert an accused into a prosecution witness; failure to disclose truthfully can result in withdrawal of the pardon and
revival of prosecution.
From Opposition to Acceptance: A Shift in Stance
The order marks a notable turnaround. For several years, the agency had opposed Mehta’s travel abroad, alleging he had
received tainted funds and had not been forthcoming in earlier summons. Investigators had also alleged that
millions of dollars from Nirav Modi-linked shell companies reached Purvi Mehta and Maiank Mehta.
In 2022, the Bombay High Court granted Maiank interim protection from arrest, which allowed him to
avoid custody while responding to summons. Despite multiple CBI notices, the agency had previously maintained that his
disclosures were not useful—until the present decision to seek his testimony as an approver with conditions.
What the Court Recorded
- Maiank Mehta has cooperated and is willing to make a full and true disclosure.
- The CBI and prosecution offered no objection to granting pardon.
- Pardon is tendered on the condition of complete disclosure regarding Nirav Modi’s role and the broader conspiracy.
Why This Matters
Turning an accused into an approver can strengthen the prosecution’s case with insider testimony, especially in complex
economic offences involving multiple entities, cross-border transactions, and layers of shell companies. If Mehta’s
disclosures corroborate documentary evidence, they could tighten the narrative on fund flows and decision-making within the
alleged conspiracy.
What Happens Next
- Approver Statement: Mehta will record a detailed statement and may be examined and cross-examined during trial.
- Conditional Pardon: If his testimony is found incomplete or untruthful, the pardon can be withdrawn and prosecution revived.
- Asset Tracing: Agencies may use his inputs to pursue additional attachments or clarify money trails.
Note: This article summarises court and agency positions as described in submissions and orders. It will be updated as
further orders, filings, or testimonies become available.
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