Mehul Choksi's legal victory: Can't be removed from Antigua without court order
4 min read . Updated: 15 Apr 2023, 06:00 AM IST
Premium- Chowksi further claims that he has a valid argument that he was subjected to treatment or punishment that was inhumane or degrading.
The High Court of Antigua and Barbuda has ruled in favour of Mehul Chowksi, a diamond merchant who is wanted in India for his alleged involvement in a fraud worth ₹13,000 crore.
According to the court's recent ruling on Friday, Chowksi cannot be extradited from Antigua and Barbuda, as it was in his favour, ANI reported.
As reported by Nature Isle News based in Dominica, Mehul Chowksi, the plaintiff in his civil lawsuit, has contended that the defendants, namely the Attorney General of Antigua and the Chief of Police, have an obligation to conduct a comprehensive investigation.
Chowksi further claims that he has a valid argument that he was subjected to treatment or punishment that was inhumane or degrading.
Chowksi has requested an investigation into his allegations and is seeking relief in the form of a declaration that asserts his entitlement to a timely and comprehensive investigation into the events surrounding his forced deportation from Antigua and Barbuda around May 23, 2021.
The court has issued an order that prevents the removal of Mehul Chowksi, the claimant, from the territory of Antigua and Barbuda, unless there is a ruling from the High Court after an inter-party hearing.
This order is contingent upon Chowksi exhausting all legal avenues, including potential 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 Chowksi)'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 Chowksi'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 63-year-old diamantaire is wanted in India in connection with a ₹13,000-crore fraud in the Punjab National Bank (PNB).
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.
The Central Bureau of Investigation (CBI) filed a case against Mehul Choksi and others on February 15, 2018, for defrauding Punjab National Bank. In 2022, the CBI registered an additional five criminal cases against Choksi and others for defrauding various banks and financial institutions.
In 2018, Choksi, who is a wanted criminal, approached the Commission for Control of INTERPOL's Files (CCF) with a request for the non-publication of a Red Notice.
"CCF is a separate body within INTERPOL that is not under the control of INTERPOL Secretariat and is mainly staffed by elected lawyers from different countries. CCF had studied his request and consulted CBI. CCF dismissed representation of Mehul Chinubhai Choksi and INTERPOL published a Red Notice," CBI stated.
The agency stated that INTERPOL had issued a Red Notice against Mehul Chinubhai Choksi only in December 2018, following requests from the CBI and Enforcement Directorate (ED).