Antigua HC refuses to extradite fugitive Mehul Choksi back to India

Indian fugitive diamantaire Mehul Choksi, wanted in the Rs 13,000-crore bank scam in the country, got a big relief from the High Court of Antigua and Barbuda when it ruled on Friday in his favour stating that he cannot be extradited from that country, where he has taken shelter, without its order.

In his plea, 63-year-old Choksi argued that police have an obligation to conduct a rigorous investigation and that he has a plausible claim that he was subjected to cruel, inhumane or degrading treatment or punishment.

He also requested a declaration that says he is entitled to a timely and complete inquiry into the events surrounding his forceful deportation from Antigua and Barbuda on or about May 23, 2021.

According to the court order, Choksi cannot be extradited 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 Choksi)'s forcible abduction and removal from the jurisdiction of Antigua and Barbuda on or around 23 May 2021," the court order said, according to news agency ANI.

"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," it added.

"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 15 August 2021," it read further.

Interestingly, the developments come just weeks after Choksi's name was removed from Interpol's Red Corner Notice (RCN), a major setback for Indian agencies. Choksi, along with his nephew Nirav Modi, is wanted in India for allegedly siphoning Rs 13,500 crore of public money from Punjab National Bank.

In 2017, Choski secured citizenship of Antigua and Barbuda under the aegis of the Citizenship by Investment Programme and fled to the island nation in the first week of January 2018. The Indian authorities have been eyeing Choksi's extradition since August 2018.