Indian fugitive Mehul Choksi cannot be extradited, rules Antigua and Barbuda court
Mehul Choksi, a diamantaire wanted in India in connection with a scam of INR 13,000 crores (Rs 130 billion), cannot be extradited, the Antigua and Barbuda High Court said on Friday.
Choksi had requested relief, including a declaration that says he is entitled to a timely and complete inquiry into the events surrounding his forceful deportation from Antigua and Barbuda on or about May 23, 2021.
Mehul Choksi, who is wanted in India for a Rs 13,000-crore fraud in the Punjab National Bank, disappeared from Antigua in May 2021 after fleeing there in 2018 to evade punishment in India for defrauding PNB along with his nephew, Nirav Modi. He had then claimed that he was removed from Antigua & Barbuda and was forced to travel to Dominica in a boat.
Choksi argued in his civil lawsuit that the Attorney General of Antigua and the Chief of Police have a duty to conduct a thorough investigation and that he has a plausible claim that he was subjected to inhuman or degrading treatment or punishment, according to Dominica-based Nature Isle News.
According to the court decision, Mehul Choksi cannot be removed from Antigua and Barbuda’s territory until the High Court rules after an inter-party hearing and after Mehul Choksi has exhausted all other legal options, including appeals.
“Further or in the alternative, a Declaration that the first Defendant is to establish an independent, judicial inquiry as to the circumstances of the Claimant (Mehul Choksi)’s forcible abduction and removal from the jurisdiction of Antigua and Barbuda on or around 23 May 2021. A Declaration that the second Defendant has a duty to confirm to the Dominican police that the evidence supports that the Claimant was forcibly removed from the jurisdiction and taken to Dominica against his will,” the court order read.
“An Order that the Claimant may not be caused to leave and/or be removed from the jurisdiction of Antigua and Barbuda without an order from the High Court after an inter partes hearing and subject to the Claimant exhausting any appeals or other legal relief provided by law. An Order that the second Defendant releases the statement taken by its officers from the Claimant on 15 August 2021,” it read further.
Earlier, India’s Central Bureau of Investigation (CBI) in its statement said that it remains committed to returning fugitives and criminals to India to face the process of criminal justice.
“Systematic steps have been initiated in close coordination with foreign law enforcement agencies for geo-locating and return of wanted criminals and economic offenders. In the last 15 months, over 30 wanted criminals have returned to India,” it read.
According to the CBI, a complaint was filed on February 15, 2018, accusing 63-year-old diamantaire Mehul Choksi and others of cheating the Punjab National Bank. Mehul Choksi and others faced five further criminal cases brought by the CBI in 2022 for bank and financial institution fraud.
Earlier in March, Mehul Choksi’s name was removed from the Interpol database of Red Notices (RCN). As per reports, Choksi got off the list on the basis of his plea to the Lyon-headquartered agency. Responding on that, CBI said it “continues to exercise available remedial and appellate options within INTERPOL for rectification of this faulty decision and for restoration of Red Notice.”
“CBI has pointed out that even Antigua authorities consider there is sufficient evidence to substantiate that the applicant concealed material facts or made false representation when he applied for his Antigua and Barbuda citizenship, a fact which reflects on previous conduct of this criminal,” it added.
Choksi’s spokesperson claimed, “The report from the Antiguan police, and the evidence adduced by Choksi in the ongoing High Court proceedings in Antigua, point to an alarming case of state orchestrated kidnap, torture and attempted rendition by the Indian government.”
“The decision of Interpol to delete the Red Notice strengthens these concerns. Moreover, the preliminary ruling of the High Court in Antigua demonstrates that there is a case to answer for a full investigation. In turn, Choksi has presented a compelling case that the Indian government is behind the orchestrated kidnap from Antiguan territory, the torture of Mr Choksi, and the attempt to render him to India in breach of the international rule of law,” he added.
