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The Supreme Court on Friday denied protection from arrest to a fugitive accused, currently stranded in Kuala Lumpur, Malaysia, after his Indian passport was revoked in a GST fraud case. A bench consisting of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was approached by senior advocate Raju Ramchandran, representing Aarushi Aggarwal, who argued that her husband Nishant was willing to return to India to participate in the investigation.
Nishant and several others are accused of creating fake companies using Aadhaar and PAN cards to cheat the government and obtain tax benefits illegally under the GST law.
Nishant, whose Indian passport was cancelled after a Blue Corner notice was issued, is currently in Kuala Lumpur and approached the top court through his wife Aarushi.
Ramchandran argued that Nishant’s travel to India should be facilitated, considering his passport was cancelled, and he should be granted protection from arrest for a few days to apply for anticipatory bail in the case. He also pointed out that many other accused individuals were already on bail.
“You travelled to Dubai, Malaysia, and Indonesia, but you did not return to India to join the investigation,” said the CJI.
“What prevented him from coming here?” he asked.
The UP government counsel opposed the plea, stating that Nishant was a key accused in the multi-crore fraud case and used 6 lakh PAN cards to commit the offence.
The bench clarified that the accused would have to surrender and return to India, directing Aarushi and the Ministry of External Affairs to coordinate to ensure his return.
It stated that the Indian high commission in Malaysia would also assist in ensuring Nishant’s return to India.
The PAN card scam is a significant financial fraud involving the use of fake or illegally obtained PAN cards for fraudulent transactions, money laundering, and identity theft.
The scam came to light when authorities discovered multiple fake PAN numbers linked to unauthorised bank accounts and illegal financial activities.
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