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During proceedings, the directorate told court that a Look Out Circular, known as a LOC, had been issued against Panesar, according to the filing. A LOC is an internal alert for authorities to monitor, trace or prevent its subject from leaving or entering India.
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The filing says that while the LOC is in place, “it is impossible for Mr. Panesar to travel out of The Republic of India.”
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The outcome of Panesar’s petitions in India are not known. The lawyer did not respond to National Post’s requests for comment over several days.
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Panesar’s lawyer in Canada, however, said the information found in the Indian documents is consistent with his understanding of his client’s situation.
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Greg Lafontaine, a Toronto lawyer who represents Panesar in the gold heist case, said the Indian authorities’ actions prevent his client from appearing in court in Canada alongside co-accused who are scheduled to face separate trials, one starting Monday and the other next month.
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Lafontaine said his client should not be viewed as a fugitive in hiding to avoid justice.
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“If he’s hiding, he’s hiding in plain daylight,” Lafontaine said in an interview. “He’s in India. He’s always said he’s in India. We’ve never kept that back.”
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Lafontaine said Panesar was in India working on a movie project. The directorate’s report said he is producing music videos with his wife and managing a recording business.
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“We thought we had a little time to get his affairs cleaned up because he’d been doing things there. But suddenly the enforcement directorate of the Indian government has stepped in and commenced an investigation.
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“That has caused him to be unable to leave India. He’s not here now to face the charges. He wants to be, but he’s not permitted to,” Lafontaine said. “He’s been stuck dealing with the Indian legal system ever since.
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“He’s not a fugitive. He didn’t flee from anything. He was there, doing his thing for a period of months before the charges were laid. He’s been portrayed as actively avoiding coming to Canada, which is far from the truth.”
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Insp. Mike Mavity, who was the major case manager for Peel police’s gold heist investigation, said Canadian law enforcement has been in periodic contact with India’s Directorate of Enforcement but said he could not confirm whether Panesar was being prevented from returning to Canada or not.
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Mavity did dispute whether Panesar should be called a fugitive.
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“I still consider him one. Panesar is wanted on a Canada-wide warrant,” Mavity said.
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A trial is set to begin Monday in the Ontario Superior Court of Justice in Brampton for one of nine men originally alleged to be behind the gold heist.
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Parmpal Sidhu, 56, who worked at the Air Canada cargo warehouse along with Panesar, was arrested in Canada on April 5, 2024, almost two weeks before police announced arrests in the high-profile case.
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Next month, a trial is scheduled for Archit Grover, 39, who allegedly owned the truck used to haul the shipment from the airport. Grover was arrested May 6, 2024, at Toronto airport after flying back from India.
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Each is accused of conspiring with others to commit theft over $5,000, and of stealing gold and bank notes worth more than $5,000 that were the property of the Toronto Dominion Centre, the global headquarters for the TD Bank. Lawyers for both men say their clients are pleading not guilty.
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