Mehul Choksi wins legal battle, cannot be removed from Antigua and Barbuda

Roseau: The High Court of Antigua and Barbuda has ruled in favour of fugitive diamantaire Mehul Choksi saying that he cannot be removed from the country without the court’s order.

The 63-year-old who is wanted in India in connection with a ₹ 13,000-crore fraud in the Punjab National Bank (PNB), had moved a civil lawsuit claiming he was subjected to “inhuman or degrading treatment or punishment". Nirav Modi, another fugitive diamantaire is his nephew.

Choksi, who has been living in the Caribbean nation since 2018, argued in his lawsuit that there was an obligation on the part of the defendants, the Attorney General of Antigua and the Chief of Police to carry out a thorough inquiry, Dominica based Nature Isle News reported.

The court order has prohibited the removal of Choksi from Antigua and Barbuda's territory without a High Court ruling 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 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.

The defendants, on the other hand, argued that there is no valid complaint that exposes a cause of action for any failure to carry out an "effective" and "rapid" investigation within the scope of the jurisdiction under section 7 of the Constitution.

According to Nature Isle News, the defendant also claimed that the claim was frivolous, vexatious, and an abuse of the court's process.

Collusion, forced abduction, removal from Antigua and Barbuda, assault, and battery are among the incidents detailed in the Claimant Mehul Choksi's affidavits in support of the claim.

The Claimant was forcibly transported to the Commonwealth of Dominica aboard a boat, as per the report of Nature Isle News.

According to the claimant's evidence, he asked to consult with his lawyers at the time he was approached by the individuals, but that request was denied.

The 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.

CBI said that a case was registered against Mehul Choksi and others on February 15, 2018, for defrauding Punjab National Bank.

Subsequently in 2022, CBI registered five more criminal cases against Mehul Choksi and others for defrauding banks and financial institutions.

In 2018, Choksi approached the Commission for Control of INTERPOL's Files (CCF) making a request for the non-publication of a Red Notice.

Interpol opened a Red Notice against Choksi in 2018 on a request from the CBI and Enforcement Directorate.

Last month, the CBI asked the CCF for the restoration of Red Notice against Choksi.