New Delhi, July 31 Delhi High Court has directed businessman Mehul Choksi, the accused in the Punjab National Bank (PNB) scam, to deposit Rs 2 lakh with the court before proceeding with his appeal challenging a single-judge order dismissing his plea to pre-screen the ‘Bad Boy Billionaires’ documentary series on Netflix.
The court noted that Choksi is neither an Indian citizen nor a resident of India, and there are several pending proceedings against him in the country.
A bench of Justices Vibhu Bakhru and Amit Mahajan directed Choksi to deposit the said amount to secure the costs of the proceedings.
The court said that if Choksi does not succeed in his appeal, and costs are imposed against him, there might be no way to recover the amount.
The matter is scheduled for hearing next on August 4.
The single judge had on August 28, 2020 denied relief to Choksi, saying a writ petition for enforcement of a private right was not maintainable.
The court had said that his remedy lay in a civil suit and granted him the liberty to raise the issue therein.
The division bench had on September 7, 2020, sought responses of the Centre and Netflix on the appeal challenging the single judge’s order.
Choksi had earlier contended that the documentary series, which was released in October 2020, included a two-minute footage portraying him in a negative light. He expressed concern that it could affect the ongoing proceedings against him in India.
Netflix, on the other hand, opposed the plea, stating that internet video streaming platforms cannot be regulated, and the appropriate remedy for Choksi is to file a civil suit.
Choksi’s petition before the single judge claimed that he has been falsely accused of various crimes in India and has the right to a presumption of innocence and a fair trial, as per Article 21 of the Indian Constitution, along with the right to reputation.
However, the single judge had denied relief, stating that the remedy lay in a civil suit.
Choksi, the promoter of Gitanjali Gems, along with his nephew Nirav Modi, is accused in over Rs 10,000 crore PNB fraud case.
Choksi left India in 2019 and was granted citizenship in Antigua and Barbuda.
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