08 October,2010 07:54 AM IST | | Sai Mohan
ED cannot charge Modi for money irregularities until cricket board pulls trigger
After months of enquiry, the Enforcement Directorate (ED) has issued a Blue Notice alert against Lalit Modi in its probe into the finances of the Indian Premier League (IPL). MiD DAY has learnt that Modi is currently in London, and that ED issued the alert because he repeatedly failed to make himself available for interrogation. Tough road ahead: Lalit Modi
Blue alert
According to the alert, there is now a travel ban against the ex-IPL commissioner. This means that he can be detained at any public port of embarkation or disembarkation. After his detainment at any such International Check Point (ICP), the authorities of that country must get in touch with the ED officials and hand Modi over for further investigations.
However, ED cannot charge Modi for breach of provisions of the Prevention of Money Laundering Act unless the Board of Control for Cricket in India (BCCI) press charges against him.
ED can question him about irregularities in IPL transactions under the Foreign Exchange Management Act (FEMA), the repercussions of which are not criminal in nature.
"FEMA investigations are on, but no charges have been framed yet. This has no criminal repercussions.
"It involves only a penalty, which is three times the amount charged for. We are surprised about the blue alert," a close aide of Modi said. The question beckons: When will BCCI officially press charges? "The enquiry is still on, we cannot reveal any details until they are done," N Srinivasan, secretary of the BCCI told MiD DAY.
BCCI's three-member committee that was formed to probe the Modi case is continuing to hear the testimonies, according to Niranjan Shah, vice-chairman of the IPL.
"The hearing is still going on. We discussed pressing criminal charges against Modi at the AGM, and are hoping that can happen soon," he said.
Meanwhile, Modi's lawyer Mehmud Abdi, said: "He has always furnished documents the authorities have asked for, and has also given valid reasons for not being in India. He even offered for interrogation over videoconference."
