Choksi goes to court to block extradition to Indian

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The government says the lawyer for fraud accused Mehul Choksi has filed a case in the High Court today seeking to block the extradition his client.

The billionaire diamond trader is represented by Dr. David Dorsette.

He is asking for a declaration from the Court that Mr. Choksi is, by virtue of Section 119.1 of the Constitution a citizen of Antigua and Barbuda; that no lawful basis exists for the extradition of Mr. Choksi under Section 5 of the 1993 Extradition Act.

He will also argue that in the absence of the extradition arrangements, Mr. Choksi was not liable to be detained for purposes of expulsion, extradition or another lawful removal at the request of the Indian Government.

The government said earlier that no extradition treaty exists with Indian, however, the state reported today that new information has come to light which demonstrates that an extradition may be possible.

According to a government statement, Attorney-General Steadroy ‘Cutie’ Benjamin subsequently informed that research by his legal team had uncovered the existence of a Statutory Instrument No 34/2001  the Extradition Designated (Commonwealth Countries) (Amendment Order)made by the Minister under Section 7 of the Extradition Act 12/1993 which expressly brings India under the ambit of bilateral extradition arrangements.

High Commissioner of India H.E. V. Mahalingam met with the government today.

He is seeking the cooperation of the Antigua and Barbuda authorities in detaining Mr. Choksi and revoking his citizenship.

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3 COMMENTS

  1. Dorsett make u money and make sure u charge him hard …he has billions and he will loose all eventually……so yeah

  2. NATIONALITY AND CRIMINALITY

    Interesting developments.

    While there may have been ‘…Agreements,’ no ‘…Arrangements’ then
    existed for the return of ‘…criminals/fugitives.’

    From professional law enforcement knowledge, there has never been
    an extradition request by this nation to ‘…India for the return of
    fugitives from justice.’

    Conversely, there were never any such requests by that nation
    to this nation for the return of a ‘…criminal-at-large, or on the run.’

    The law is sufficiently clear that when such arrangements have been made,
    the Minister may, by Order publish inter alia, ‘…terms; …conditionalities and
    restrictions’ in respect to requests for extradition by a foreign State.

    Such is the mantra of the Minister charged with responsibility for ‘…Foreign Affairs.’

    In these matters, ‘…Section 8 (9) ‘ speaks to those with authority.
    Foremost, is the Minister of Foreign Affairs (Paul ‘Chet’ Green).’

    One may not confuse ‘…Nationality with Criminality.’
    In name and nature, they are not the same. One is
    a ‘…citizenship status’ and the other ‘…criminal acts.’

    Thus, when extradition requests are made, they are clearly
    not for the return of ‘…nationals,’ but for ‘…criminals.’

    Neither should ‘…Agreement’ be confused with ‘…Arrangement.’
    They are not the same. One is ‘…declaratory,’ the other is done.’

    Extradition proceedings are ‘…within the jurisdiction of the Magistracy.’

    If extradition, the legal course reported, seemingly anticipatory,
    represents ‘…prematurity.’

    However, it could be done, if it is anticipated that the authorities
    intend to ‘…revoke his citizenship’ (constitutional issue).

    The media had reported that Prime Minister Gaston Browne
    had ‘…given a consideration inkling’ [OMG: July 28, 2018].

    In the absence of (i) …Existing extradition arrangements between a
    ‘…requesting State and the requested State [Section 5]; and
    (ii) ‘…documented formal request [Section 9], no proceedings may
    be instituted.

    One may not speculate. Such arrangements, however, were possible
    when the ‘…high-ranking Indian diplomat visited.’

    The citizenry would then know when they are ‘…published in the official
    Gazette’ for public information.

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