Billions of dollars worth of trade agreements between Kuwait and India are at stake as a legal battle over a Mumbai apartment owned by the Kuwait royal family threatens diplomatic relations between the two countries.
Faisal Essa, consul general of Kuwait in India since 1990, has petitioned the Bombay High Court to take action over claims a developer Sanjay Punamiya allegedly used forged documents to obtain tenancy rights to a 7,500 sqft apartment and office space owned by the royal family.
The property, which is located in south Mumbai’s upmarket Marine Drive was inherited by the heirs to the former Emir of Kuwait.
Punamiya, who was accused of forgery, cheating, criminal trespass, theft and criminal intimidation, argued that the tenancy was legitimate and dismissed Essa’s allegations as “bogus”.
“I have not purchased the flat. I have rented it by paying INR50,000 ($820) as three months’ advance rent by cheque in October 2012. I have a receipt and have done nothing illegal. It is only when disputes arose that I had to go to court, which has passed an order in my favour by granting an injunction,” he was quoted as saying by the Times of India newspaper.
Following an initial investigation Indian police dismissed the case as a civil dispute. Punamiya subsequently lodged a separate police complaint, alleging Essa had pointed a gun at him and threatened him. This resulted in an Indian magistrate in February filing a case against the Kuwait diplomat.
The 83-year-old is currently in Kuwait recovering from a kidney operation and is likely to be arrested when he returns to India, despite his diplomatic immunity.
As part of the latest petition, Essa claims the police inspector who investigated the original case was in biased towards Punamiya. The officer has denied the allegation.
In the latest twist in the case, New Delhi Television (NDTV), reported this week Sheikha Fadyah Saad Al Sabah, a daughter of the late Emir of Kuwait, had written to the Kuwaiti Ambassador in India, Sami Mohammad Al Sulaiman, to complain about the handling of the matter.
“It is with deep anguish that we record our utmost discontent and displeasure over the situation that has been created due to apparent malpractices and unchecked corrupt indulgence exhibited by the Mumbai Police… We are indeed disturbed and amazed to record the catastrophic manner in which the state administration has handled the matter,” the Kuwaiti royal is reported to have said in the letter.
A copy was also sent to Indian Prime Minister Manmohan Singh and senior government ministers and warned of “the international ramifications that such an act of an individual cheat may have on the national interest of India.”
Kuwaiti officials have demanded an investigation into the matter “through diplomatic channels” and said the fallout could have implications for the 20 trade agreements worth nearly $18bn signed between the two countries.
“This isn’t about the money,” a legal representative of the Kuwait royal family was quoted as saying. “This is about Arabian pride and honour.”
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