Interpol asks ED to explain why it seeks red-corner notice against Lalit Modi

The International Criminal Police Organisation (Interpol) queried India’s Enforcement Directorate (ED) on why it sought a red-corner notice against former Indian Premier League (IPL) commissioner Lalit Modi, The Indian Express reported on Monday.

Modi, the tainted former IPL chief, is currently facing a probe for his alleged role in money laundering and irregularities in running of the T20 extravaganza. Red-corner notices are an international lookout notice for fugitives.

The Interpol secretariat has raised questions with regard to affirmation available against Modi. It has also sought details of the other accused in the case and the predicate offence based on which ED has registered a case under the Prevention of Money Laundering Act (PMLA), besides reasons for a delay in the investigation.

Meanwhile, copies of emails exchanged on August 11 between Lalit Modi’s London-based legal firm Lindeborg and Interpol’s secretariat with the Commission for the Control of Interpol’s Files show that Modi was assured of a hearing in case of a request from India.

“You will be granted the opportunity to make submissions,” an email from Interpol is reported to have said. Lindeborg, a firm that specialises in Interpol-related cases, is learnt to have claimed in its communication to Interpol that the case against Modi was “politically motivated”.

While a senior ED official who dealt with Interpol was quoted in the report as saying, “Interpol has no locus standi in asking any sovereign nation for details of investigation once the nodal agency, in our case the CBI (Central Bureau of Investigation), submits requests for issue of a red-corner notice. Interpol is a mere facilitating agency. It is also unheard of that Interpol gives an opportunity for submission to someone who is a subject of RCN.”

However, Petra De Krijger, Director of Lindeborg, the firm that represents Modi, is quoted as saying in an email. “Further to my earlier message, I reiterate that Interpol concedes it will not act on any request from India on LKM (Lalit Kumar Modi) without allowing us to be heard first. This unprecedented decision of Interpol means that if CBI of India is indeed asked by the enforcement directorate to issue a red-corner notice against Mr Modi and this request will be sent to Interpol headquarters in Lyon, Interpol Lyon would contact us first to react to this request.”

Interpol is expected to take a decision on Modi later in the month.

As of now, there are 16 cases registered by ED against Modi; of those, 15 are under the Foreign Exchange Management Act and one under PMLA.