NDTV: Mehul Choksi, the diamantaire who is wanted in India in connection with ₹ 13000 crore fraud cannot be removed from Antigua and Barbuda, the country’s High Court said Friday as it gave the ruling in his favour.
The claimant, Mehul Choksi in his civil lawsuit has argued that there is an obligation on the part of the defendants, the Attorney General of Antigua and the Chief of Police to carry out a thorough inquiry and that he has an arguable claim that he was subjected to inhuman or degrading treatment or punishment, Dominica based Nature Isle News reported.
Demanding an investigation into his claims, Choksi has sought relief which includes a declaration that suggests 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 has prohibited the removal of the Claimant, Mehul Choksi from Antigua and Barbuda’s territory without a High Court ruling following an inter-party hearing and subject to the Claimant (Mehul 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. 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, argued that there is 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.
According to Nature Isle News, the defendant also claimed that the claim was frivolous, vexatious, and an abuse of the court’s process.
Collusion, forced abduction, removal from Antigua and Barbuda, assault, and battery are among the incidents detailed in the Claimant Mehul Choksi’s affidavits in support of the claim.
The Claimant was forcibly transported to the Commonwealth of Dominica aboard a boat, as per the report of Nature Isle News.
According to the claimant’s evidence, he asked to consult with his lawyers at the time he was approached by the individuals, but that request was denied.
The 63-year-old diamantaire is wanted in India in connection with a ₹ 13,000-crore fraud in the Punjab National Bank (PNB).
CBI in its statement said that it remains committed to returning fugitives and criminals to India to face the process of 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.
CBI said that a case was registered against Mehul Choksi and others on February 15, 2018, for defrauding Punjab National Bank.
Subsequently in 2022, CBI registered five more 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) making a request for the non-publication of a Red Notice.
“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 agency said that INTERPOL had only published a Red notice against wanting to accuse Mehul Chinubhai Choksi in December 2018 at the request of CBI and ED.
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In all honesty, the Royal Antigua & Barbuda Police force has done a lousy job in relation to the investigations surrounding his unlawful kidnapping from Antigua. This has only lead to speculation that there was officialdom involvement and cover up. We owe it to the nation to say exactly what happened. Antigua is a very small country and that a citizen can be kidnapped from his home, put on board an arranged vessel to Dominica to be picked up by Indian officials on a pre arranged charter plane into Dominica is no coincidence. This has all the hallmarks of television drama carefully orchestrated and planned. Today is Choksi, tomorrow it could be someone else. We need answers!
Isn’t the judge overstepping her authority? For a wanted person Choksi seems to be highly favored by the judiciary in this region, he ain’t sleeping!!
Wow wow wow wow I am rejoicing justice have taken its course thank God Would you be live that the Attorney General and the Commissioner of Police petition the High Court to have a matter of fact of this nature to have it thrown out I think that Both of you should Resign from this Noble Office Imidiately you All cannot be trusted. Consider what took place in Domonica the Director of Public Prosecution withdraw the case of Illegal Entry and other charges from the facts that was presented the Magistrate dismissed the case so the matter at the High Court was also withdrawn he was sent back to Antigua for investigation to be continued Now that the office Of the Commissioner of Police and the AG had been Compromised DPP we the people are requesting an independent Officers from other countries we prefer Scotland Yard or the FBI we cannot appoint our Officers from the CID to Head the Investigation because the officer that Head the department is ACP Cabral a Senseless Prattle if this Man is appointed you can rest assure that we will see any conclusions
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