The Antigua and Barbuda High Court has recently decided in favour of fugitive diamantaire Mehul Choksi, stating he cannot be deported without a court order.
Choksi, who is wanted in India in connection with a Rs 13,000 crore fraud, filed a civil lawsuit alleging “inhuman or degrading treatment or punishment.”
The claimant, Mehul Choksi, has argued in his civil lawsuit that the defendants, the Attorney General of Antigua and the Chief of Police, have an obligation to conduct a thorough investigation and that he has an arguable claim that he was subjected to inhuman or degrading treatment or punishment.
Choksi has sought relief, including a declaration that says he is entitled to a fast and complete investigation into the circumstances surrounding his forcible deportation from Antigua and Barbuda on or about May 23, 2021.
The court order prohibits the removal of the Claimant, Mehul Choksi, from Antigua and Barbuda’s territory without a High Court judgement following an inter-party hearing and subject to the Claimant (Mehul Choksi) exhausting all available legal remedies, including appeals.
“Further, or in the alternative, a Declaration that the first Defendant is to establish an independent, judicial inquiry into the circumstances of the Claimant’s (Mehul Choksi) forcible abduction and removal from Antigua and Barbuda on or around May 23, 2021. A Declaration that the second Defendant has a duty to confirm to Dominican police that the evidence supports the Claimant being forcibly removed from the jurisdiction and taken to Dominica against his will,” the court decision stated.
“An order that the Claimant may not be forced to leave or be removed from Antigua and Barbuda without an order from the High Court following an inter parties hearing and subject to the Claimant exhausting any appeals or other legal relief provided by law. An order that the second Defendant release the statement obtained from the Claimant by its officers on August 15, 2021,” it said.
The defendants, on the other hand, contended that there is no genuine complaint exposing a cause of action for any failure to conduct an “effective” and “rapid” investigation within the scope of jurisdiction under section 7 of the Constitution.
The defendant also argued that the claim was frivolous, vexatious, and an abuse of the court’s process.
Among the incidents stated in Claimant Mehul Choksi’s affidavits in support of the claim include collusion, forced abduction, removal from Antigua and Barbuda, assault, and battery. The Claimant was forcibly carried to the Commonwealth of Dominica aboard a boat.
According to the claimant’s evidence, when approached by the individuals, he requested to meet with his lawyers, but that request was denied.
The 63-year-old diamantaire is wanted in India for a 13,000-crore scam at the Punjab National Bank (PNB).
The CBI stated in its statement that it remains committed to bringing fugitives and offenders back to India to face criminal punishment.
“In close collaboration with foreign law enforcement agencies, systematic steps have been taken to geolocate and return wanted criminals and economic offenders. Over 30 wanted criminals have returned to India in the previous 15 months,” it stated.
The CBI stated that on February 15, 2018, a complaint was filed against Mehul Choksi and others for cheating Punjab National Bank.
Following that, in 2022, the CBI filed five further criminal complaints against Mehul Choksi and others for cheating banks and financial institutions.
In 2018, wanted criminal Mehul Chinubhai Choksi approached the Commission for Control of INTERPOL’s Files (CCF) to beg that a Red Notice not be published.
“The CCF is a separate body within INTERPOL that is not controlled by the INTERPOL Secretariat and is primarily staffed by elected lawyers from various countries. CCF has investigated his request and consulted with CBI. The CCF rejected Mehul Chinubhai Choksi’s representation, and INTERPOL issued a Red Notice,” the CBI added.
According to the agency, INTERPOL only released a Red notice against intending to charge Mehul Chinubhai Choksi in December 2018 at the request of the CBI and ED.
