'Imaginary Conjunctures': CBI Seeks Restoration Of Interpol's Red Notice Against Mehul Choksi

Mehul Choksi and his nephew Nirav Modi have been charged by the CBI in a Rs 13,000-crore scam, in one of the country's biggest banking frauds.

The CBI is exercising all available remedial and appellate options within the Interpol for the restoration of the Red Corner Notice against fugitive diamond merchant Mehul Choksi. The agency's statement came after the Congress slammed the Centre for "pursuing Opposition leaders than investing efforts in apprehending the fugitive".

Choksi and his nephew Nirav Modi have been separately charged by the CBI in the scam. The agency has alleged that Choksi swindled Rs 7,080.86 crore, making it one of the country's biggest banking scams at over Rs 13,000 crore. Nirav Modi is accused of siphoning Rs 6,000 crore.

Choksi's name was removed from the Interpol's database of Red Notices on Monday by a five-member Interpol committee called the Commission for Control of Files (CCF). Reacting to this, the CBI said, “...based on mere imaginary conjunctures and unproven surmises, a five member CCF chamber, has taken a decision on deletion of Red Notice, communicated in November, 2022.” The panel had earlier cleared the RCN (Red Corner Notice) by rejecting Choksi's contentions, sources said. 

A Red Notice is a request to law enforcement agencies worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.

The CBI's statement on Tuesday read: "INTERPOL had only published a Red notice against wanted accused Mehul Chinubhai Choksi in December, 2018 on request of CBI and ED. This was subsequent to geo-location by CBI of wanted criminal and subsequent to initiation of extradition request... It may be noted that Mehul Chinubhai Choksi was already located  prior to publication of INTERPOL Red Notice and steps also initiated for his extradition. Although the primary purpose of Red Notice was already achieved, the same was retained as a precautionary measure."

The CBI has brought to the attention of the CCF several "serious concerns regarding procedural violations, overreach of mandate, and errors in the decision-making process that led to an unfounded and perfunctory decision". The CBI is currently using available remedial and appellate options within Interpol to rectify this faulty decision and restore the Red Notice. Furthermore, the CBI has emphasized that the Antigua authorities have acknowledged the presence of sufficient evidence to support the claim that the fugitive diamantaire concealed material facts or made false representations while obtaining Antigua and Barbuda citizenship, which reflects on Choksi's prior conduct as a criminal.

According to the central agency, the CCF has clarified that its decision does not determine the guilt or innocence of Mehul Chinubhai Choksi with respect to the crimes he has been charged with in India. Moreover, the CCF has stated that it has not established factual certainties, and its decision does not imply that Mehul Chinubhai Choksi will not receive a fair trial. In light of new information and serious errors in the decision, the CBI said it is taking steps to revise the CCF's decision. 

Choksi disappeared from his sanctuary in Antigua and Barbuda in May 2021 and was detained in Dominica for illegal entry. India tried to bring Choksi back to India based on an Interpol Red Notice against him, but his lawyers' swift legal manoeuvres and investigations into his disappearance from Antigua blunted India's attempts to deport him from Dominica.

After 51 days in prison, Choksi was granted bail by Dominica High Court in July 2021 to travel back to Antigua to seek medical help from a neurologist there. All proceedings against Choksi for illegal entry into Dominica were subsequently dropped.