Mehul Chowksi, the diamantaire wanted in India in connection with a Rs 13000 crore fraud, cannot be removed from Antigua and Barbuda, the country’s High Court ruled Friday. According to Dominica-based Nature Isle News, the claimant, Mehul Chowksi, has argued in his civil lawsuit that the defendants, the Attorney General of Antigua and the Chief of Police, have an obligation to conduct a thorough investigation and that he has an arguable claim that he was subjected to inhuman or degrading treatment or punishment.
Chowksi has sought relief, including a declaration stating that 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 prohibits the removal of the Claimant, Mehul Chowksi, from the territory of Antigua and Barbuda without a High Court ruling following an inter-party hearing and subject to the Claimant (Mehul Chowksi) 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.
“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, contended that there is no valid complaint exposing a cause of action for any failure to conduct an “effective” and “rapid” investigation within the scope of 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. Among the incidents detailed in Claimant Mehul Chowksi’s affidavits in support of the claim is collusion, forced abduction, removal from Antigua and Barbuda, assault, and battery. According to Nature Isle News, the Claimant was forcibly transported to the Commonwealth of Dominica aboard a boat.
According to the claimant’s evidence, when approached by the individuals, he requested to consult with his lawyers, but that request was denied. The 63-year-old diamantaire is wanted in India for a Rs 13,000-crore fraud at the Punjab National Bank (PNB).
The CBI stated in its statement that it remains committed to bringing fugitives and criminals back to India to face 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 CBI stated that on February 15, 2018, a case was filed against Mehul Choksi and others for defrauding Punjab National Bank. Following that, in 2022, the CBI filed five additional criminal cases against Mehul Choksi and others for defrauding banks and financial institutions.
In 2018, wanted criminal Mehul Chinubhai Choksi approached the Commission for Control of INTERPOL’s Files (CCF) to request that a Red Notice not be published.
“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 CBI stated in its statement that it remains committed to bringing fugitives and criminals back to India to face 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 CBI stated that on February 15, 2018, a case was filed against Mehul Choksi and others for defrauding Punjab National Bank. Following that, in 2022, the CBI filed five additional criminal cases against Mehul Choksi and others for defrauding banks and financial institutions.
In 2018, wanted criminal Mehul Chinubhai Choksi approached the Commission for Control of INTERPOL’s Files (CCF) to request that a Red Notice not be published.
“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
