On February 9, the Supreme Court ordered the Bombay High Court to reexamine Mainak Mehta's request to return to his home in Hong Kong. Mainak Mehta is the brother-in-law of Nirav Modi. The bench, which was made up of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, took notice of Mehta's willingness to give the CBI permission to approach banks directly to request the disclosure of his account statements and to provide any necessary security. 

While underlining Mehta's complete cooperation with the process, senior advocate Amit Desai argued that the Letter of Authorization would be provided as suggested so that the CBI may approach banks directly for the disclosure of account statements. The same will be done, though, provided the CBI provides a timeline for when Mehta will be allowed to travel abroad. Additionally, he stated that Mehta was prepared to provide security, such as his parents' passports and the title rights to any real estate they owned. Amit Desai, a senior attorney, said:

"He has fully cooperated and yet not allowed to travel. Now people are actually afraid to even cooperate, seeing his example of how he has been treated."

CJI DY Chandrachud, while dictating the order, said–

"As the case has evolved before this court, it is apparent that the situation obtained before the High Court when impugned order was passed is substantially different at present point consequent upon the demand of CBI. First respondent has been willing to give authorisation to CBI provided time frame for process to be completed is given. Regarding the issues which are sought to be raised by CBI, it'd be appropriate for the proceedings to go back to High Court. We are desisting for proceedings to go back to CBI Special judge so there is no delay. The High Court shall consider the matter afresh and pass fresh orders within a month."

Case Title: CBI v. Mainak Mehta & Ors. 
Citation: SLP(Crl) No. 8915/2022 II-A

Appearance of advocates:-

For Petitioner(s) 
Mr. S.V. Raju, ASG
Ms. Sairica Raju, Adv.
Ms. Aakanksha Kaul, Adv.
Mr. Ashutosh Gadhe, Adv.
Mr. Zoheb Hussain, Adv.
Mr. Arvind Kumar Sharma, AOR

For Respondent(s) 
Mr. Amit Desai, Sr. Adv.
Mr. Manvendra Mishra, Adv.
Mr. Sankalp Sharma, Adv.
Mrs. Vanita Bhargava, Adv.
Mr. Pranjal Agrawal, Adv.
M/s. Khaitan & Co.
Mr. Aaditya Aniruddha Pande, AOR