Mehul Choksi can’t be removed from country: Antigua and Barbuda’s court rules in fugitive diamantaire’s favour

Ruling in the favour of fugitive businessman Mehul Choksi, a court in Antigua and Barbuda ordered he cannot be removed from the country in connection with a bank fraud case.

The country’s high court on Friday relied on Choksi’s civil lawsuit wherein he has argued that he was subjected to inhuman, degrading treatment or punishment. Taking note of his submissions, the court deemed it necessary on the part of the defendants, i.e. Attorney General of Antigua and the police, to carry out a detailed inquiry into Choksi’s allegations of torture.

As per reports, the claimant, Mehul Choksi, has argued that there was an obligation on the defendants to prove that he was not subjected to such treatment. Based on his claim, the court ordered that Choksi could not be removed from the country without a high court ruling following a hearing and subject to Choksi exhausting all 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 parties 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 August 15 2021,” the order read further.

On the other hand, the defendants argued that there was 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.

The fugitive diamantaire came under the Indian government’s scanner in May 2018 in connection with a Rs 13,000-crore fraud in the Punjab National Bank (PNB).

During the court hearing in Antigua and Barbuda, Choksi’s lawyers demanded a probe into the claims of ill-treatment and sought relief, including a declaration that suggests he was entitled to a prompt and thorough investigation into circumstances around his forcible removal from Antigua and Barbuda in May 2021.

In 2018, India requested Antigua to extradite Choksi, who became an Antiguan citizen the same year. Although Choksi is not an Indian citizen anymore, the authorities are yet to cancel his Indian passport. Mehul Choksi and his nephew Nirav Modi are accused of orchestrating India’s biggest banking fraud, which is estimated to be around $2 billion.