Fugitive diamantaire Mehul Choksi has won big as the Antigua and Barbuda high court said that he cannot be removed from the country without its order. Choksi is wanted in India in connection with Rs 13,000 crore fraud in the Punjab National Bank (PNB). According to Dominica-based Nature Isle News, Choksi argued in his civil suit that there is an obligation on the part of the defendants, the Attorney General of Antigua and the Chief of Police to carry out a thorough inquiry. He added that he has an arguable claim that he was subjected to inhuman or degrading treatment or punishment
In his suit, Choksi asked for a probe into his claims and sought relief which includes a declaration that suggests he is entitled to a prompt and thorough investigation into the circumstances surrounding his forcible removal from Antigua and Barbuda on or about May 23, 2021, ANI mentioned citing Nature Isle News. Now, the court has prohibited his removal from Antigua and Barbuda's territory without a High Court ruling following an inter-party hearing and subject to 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 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.
It further mentioned, "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."
On the other hand, the defendants 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, reported ANI, the defendant further said that the claim was frivolous, vexatious, and an abuse of the court's process.
Choksi in his affidavits has claimed of being subjected to collusion, forced abduction, removal from Antigua and Barbuda, assault, and battery among others. He claimed that he was forcibly transported to the Commonwealth of Dominica aboard a boat, as per the report of Nature Isle News.
Earlier, 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," the statement read.
CBI said that a case was registered against Mehul Choksi and others on February 15, 2018, for defrauding Punjab National Bank.
In 2018, wanted criminal Mehul Chinubhai Choksi approached the Commission for Control of INTERPOL's Files (CCF) making 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.
Consequently, in 2022, CBI registered five more criminal cases against Mehul Choksi and others for defrauding banks and financial institutions.