Roseau : Mehul Choksi, the diamantaire who is wanted in India in connection with Rs 13000 crore fraud cannot be removed from Antigua and Barbuda, the country’s High Court said Friday as it gave the ruling in his favour.
The claimant, Mehul Choksi in his civil lawsuit has argued 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 and that he has an arguable claim that he was subjected to inhuman or degrading treatment or punishment, Dominica based Nature Isle News reported.
Demanding an investigation into his claims, Choksi has 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.
The court order has prohibited the removal of the Claimant, Mehul 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 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).