Choksi’s lawyer says he can only be sent back to Antigua only and there is no question of him being deported to India

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INDIA TODAY: Mehul Choksi’s lawyer, advocate Vijay Agarwal, has said that the fugitive businessman can be legally deported to only Antigua and Barbuda after his arrest in Dominica on Wednesday.

 

Choksi, who has been on the run since January 2018, is wanted by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in relation to the Punjab National Bank’s Rs 13,000-crore fraud case.

 

After reports emerged that the Indian government had already begun exploring options to bring Choksi back, counsel Agarwal said that he is not an Indian citizen anymore and, thus, “there is no question of him being sent to India”.

 

“As per Indian Citizenship Act Section 9, the moment Mehul Choksi acquired the citizenship of Antigua he ceased to be a citizen of India. Hence legally, as per Immigration and Passport Act Section 17 and 23, he can be deported only to Antigua,” Agarwal said to India Today.

 

“Moreover as there is an Antiguan High Court order restraining processing any request from India. So my understanding is that he has to be sent back to Antigua only and there is no question of him being sent to India,” he added.

Agarwal further said there should be no speculation before Choksi himself clarifies how he reached Dominica, from where he was arrested following an Interpol Notice by Antigua and Barbuda.

 

The advocate said, “Moreover there should be no speculations till one finds out from Mehul Choksi how he landed up in Dominica. My understanding is that his reaching Dominica is not voluntary. So I find something fishy that nobody seems to be at the moment looking into the fact that how exactly he reached Dominica.”

 

“It has to be done legally and it is not a game of chess and we are dealing with a human being and nor a pawn that shall be placed here or there and it cannot be on somebody’s desires and whims. Further, as per the universal declaration of human rights, there are international covenants on voluntary repatriation and a person can be deported to only the country of his citizenship.”

 

Antigua and Barbuda, though, has given its clean chit to India to have Choksi repatriated to India from Dominica. India believes he can be brought back because despite being a citizen of Antigua and Barbuda, he was arrested from a different country. The Red Corner Notice by Interpol may also ease India’s effort.

Choksi and his nephew Nirav Modi are accused of having siphoned off Rs 13,500 crore of public money from the state-run Punjab National Bank with fraudulent documents.

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15 COMMENTS

  1. Choksi’s lawyer is absolutely correct (see my comment under the ANR article – Antigua PM asks Dominica government to send Indian fugitive back to his country). Choksi can only be sent back to Antigua. He is now a citizen of Antigua and not India. India does not permit dual citizenship. Again, Gaston Browne just talks a lot of nonsense and his faithful followers (who do not use their own intelligence) such as FROM THE SIDELINE, BEEF. TENMAN, PETE, JUST SAYING, CARSON B, FREDERIC LAMPTON, CErmle and RAS SMOOD believe his every nonsense.

    • Tabor I voted for that Dictator last election but not this time I stopped drinking from that fountain and many on here should too ..LOL you’ll see how the truth flows . As Dictators so often do they think everything that comes out of their mouth is law Some on this forum are like his no teeth guard puppies all bark and no bite or should I say a bite full of gum .
      They make little sense in their analysis of facts it’s more fiction than truth .

    • “Choksi’s lawyer is absolutely correct (see my comment under the ANR article – Antigua PM asks Dominica government to send Indian fugitive back to his country). Choksi can only be sent back to Antigua. He is now a citizen of Antigua and not India. India does not permit dual citizenship.”

      You are bang on with the comment, but why did you have to make it political and continue?

    • Charles, I’m sure you know India does NOT recognize his Antigua citizenship, since they do not recognize dual citizenship….hence, his Antigua citizenship means nothng to India. They recognize him as a citizen of India, subject to their laws. Yes, he can and should be sent back to his homeland.

    • Look how a simple suggestions by the visionary and forthright Leader causes people to hap, skip and jump. All you go loose your mind’s. Thanks GB for having them so bamboozled with their hypocrisy.

  2. A DUMMY KNOWS THAT: RENEGADE AND LAWLESS STATE: NO SCIENTIST

    Likened to the Attorney for the fugitive, ‘…Attorney Charlesworth Tabor’ is ‘…Absolutely Correct.’

    Even a ‘…Dummy Knows That.’

    Some Dummies don’t know that, though.
    Instead, would argue wrongly like hell.

    Except a ‘…Renegade and Lawless State,’ the ‘Fugitive From Indian Justice’ can only be deported or allowed ‘…Voluntary Departure’ back to ‘…Antigua and Barbuda.’

    No matter if declared ‘…Persona Non Grata’ by the Dominican authorities, ‘Mehul Choksi,’ now ‘…an Illegal Immigrant in ‘Dominica,’ he must come back home to ‘…Antigua and Barbuda.’

    Know that he is not wanted in this jurisdiction- ‘…Antigua and Barbuda’ for any crime, though.

    Likened to the ‘Kittitian’ that ‘…allegedly snatched a Fishing Boat’ and went back home to ‘…St. Kitts’ and snatched by the Police, ‘…Mehul Choksi,’ Could also face ‘…Breaches of the Immigration Laws.’

  3. This is how I understand the justice system should work. The man is a citizen of Antigua & Barbuda. Hence, the only jurisdiction governing his deportation to India is the country of his citizenship. Any other route would mean circumventing international regulations which could bring bad publicity and legal ramifications for any country that disrespect the rule of law.

    It is one messed up situation. I can only say that this is a result of the selling of the nation’s passport. We must expect such incidences to occur when we indulge in the sale of passports. Criminals and crooks will always manipulate the system.

    The storyline has already started, and it is like a chess game. The best and most skilled player will win. It is left to see what moves each party involved makes.

    Government has power, but the legislative also has international standards that must be adhered to. So, we watch as the players try to put the pieces of the puzzle together and play this game of chess. It is two games being played on one board.

    WORLD “CRYSIS”: IT IS NOT AN EASY ROAD. CORRUPTION WILL ALWAYS COME TO LIGHT

  4. World dictator traitor tyrant liar Gaston Browne always blowing smoke out of his ass. Apparently the fleabag thinks he can dictate and bully anyone and get away with it. He has no regards for laws or the citizens of our country. As world dictator traitor tyrant liar Gaston Browne stated, “Sometime you just have to play the role of a fool just to fool the fools who think that they are fooling you. “ from this article

    http://www.masinthecemetery.com/2021/05/a-mind-boggling-affair-police-and.html?m=1

    Look at who the real fool is. None other than world dictator traitor tyrant liar Gaston Browne himself. Let’s not forget the other fools on this forum who continue to back and promote world dictator traitor tyrant liar Gaston Browne no matter what. So long as they kiss his ass and they getting all the kickbacks on the down low, they good with that.

    Our nation and our people need a proper PM who will represent us not the likes of world dictator traitor tyrant liar fool Gaston Browne and the rest of his scum infested cabinet who only continue to practice creative self enrichment schemes every damn day at the cost of we the citizens and our nation.

    It is time our govt fears we the people not the other war around. Vote the likes of world dictator traitor tyrant liar fool Gaston Browne and his dastard cronies out. Our nation does not want or need anyone who represents scandal after scandal after scandal.

    Don’t forget about Nigel Christian. Four people did the actual kidnapping and execution style murder of Nigel. Three scapegoats were paid to take the fall for it. Where are the real murderers and the people behind who ordered the hit. Because they are in extremely high positions does that also mean they are above the laws? He found the truth behind the “forged” signatures and more and for that he was murdered. Don’t let his death be all for naught. Bring all those involved in his execution style murder to justice.

  5. Where is the Attorney General statement on this legal matter? Don’t tell me Gaston is point man on everything in Antigua and Barbuda. I thought we had a Foreign Affairs Minister. He too is silent! Speak up. The public needs to hear the legal remedies being pursued to bring this matter to a conclusion.

      • @Conrad: You say he knows the law. What law are you referencing? This matter is a Constitutional one in my opinion. The AG in Office now,knows very little about the Constitution and or Constitutional Laws of Antigua and Barbuda. He better get someone to lead him in this matter. Or else we would all be screwed in the end.

  6. He’s a citizen of Antigua and Barbuda, but does Antigua and India have an Extradition Treaty in place? I would be curious. If they do, then we can definitely send him back once he has exhausted all legal avenues.

    Btw…I drink plain water – not red or blue – and I have common sense.

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