Mehul Choksi Taking Gov’t To Court- reports


(Business Today India)

Absconding diamantaire Mehul Choksi has sued the Antigua and Barbuda government as its Ministry of External Affairs is examining the plea by Indian authorities to extradite him. A letter dated November 7 from the office of Deputy Solicitor General to the Prime Minister’s office indicates that the Minister Responsible for Citizenship and Minister Responsible for External Affairs of the Antigua and Barbuda government have been named in the lawsuit filed by Choksi.

The letter asks the named parties to be present in the court for hearing in the lawsuit, or send the Permanent Secretary within their ministries. The matter will be heard on the morning of November 14 at the High Court before Justice Rita Joseph Olivetti.

Photo credit: India Today

Although it is not clear why Choksi has decided to take the Antiguan government to the court, it could be related the fact that the same government is weighing the proposal of handing him over to India. The Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) have submitted an extradition plea before the Antigua and Barbuda authorities which now being looked into by the Ministry of External Affairs there.

Indian External Affairs Minister Sushma Swaraj had met Foreign Minister of Antigua and Barbuda E P Chet Greene in September on the sidelines of the 73rd session of the UN General Assembly and raised the issue of extradition of Choksi. Greene had assured Swaraj on behalf of his Prime Minister that their government will fully cooperate in the matter of extradition of Choksi to India.

This could very well be enough to make Choksi nervous, who had fled to Antigua and Barbuda after orchestrating the Rs 14,000-crore scam at Punjab National Bank with his nephew Nirav Modi. He became a citizen of the Caribbean country by the way of Citizenship by Investment after his Indian passport and citizenship were revoked on account of the banking fraud charges against him. Since then, India has been looking to extradite Mehul Choksi under the Antiguan laws that allow it for Commonwealth countries.

Choksi still has some breathing space though, as the Department of Public Prosecutions (DPP) is yet to take a call on his extradition. It is now up to the DPP to take a call on whether Choksi is in the wrong or not, and not the Antiguan Solicitor General.

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  1. The law states after someone purchase a passport and is found wanting the passport can be taken back so what’s the hold up?

    Take back the passport and hand him over.

    PM you have enough on your plate. Let India have their stress

    • He is a legal citizen just like you. There is not difference, nor should there be, between a CIP citizen or anybody else. He deserves to be presumed innocent and he deserves proper process under the law. Also, India has not made a very strong case.


    Seemed the powers that be have been playing around with this brazen ‘…alleged fraudster and wanted fugitive from Indian Justice.’

    He might be biting more than he could chew, when seemingly, he may have caused the Court to be visited upon the Prime Minister.

    Even with his supposedly affluent status, he may very well find himself in an Indian penitentiary.

    No one, neither the Solicitor General Martin Camacho; …his Deputy Carla Brookes; nor the Director of Public Prosecutions (DPP), Anthony Armstrong’ can make a determination as to whether the ‘…alleged fraudster and reported fugitive from justice, ‘ shall be extradited.

    This is a discretionary power, exercisable only by the ‘…Minister of Foreign Affairs E.P. Chet Greene.’

    The power resides only with him under the ‘…Extradition Act’ [No.12 of 1993].
    See ‘…General Restrictions’ [Section 8; 9 & 10].

    Even so, the Minister ‘…is not a Government unto himself.’
    He holds only a ‘…privileged ministerial position.’

    Pointless asking the ‘DPP’ who was reported to be out of the jurisdiction.

    So why tap the wrong source or bark up the wrong tree to obtain information?’


    The ‘DPP’ (i) …Is not a diplomat;
    (ii) …Not an employee in the Ministry of Foreign Affairs; and
    (iii) …Do not make Foreign policies;

    Moreover, in all Extradition proceedings once the Foreign Minister gives the ‘…Authority To Proceed (ATP) [Extradition Act: Section 9 (5)], he represents only the interest of the ‘…Requesting State,’ in this case the Indian Government.

    This is all part of the nation’s ‘…international obligation’ to the ‘…reciprocal arrangement’ with nations within the international community.

    Recall recently the United Kingdom extradited one of its national to face ‘…Rape charges’ in this jurisdiction [ANR: September 4, 2018].

    This was the work of the Ministry of Foreign Affairs. Not the work of the DPP as had been reported.

    The DPP, a civilian, ‘…do not enforce law and has no power of arrest or detention.’
    Thus, it was not him who wanted to ‘…arrest and charge the British national and alleged rapist.’

    That is the function of the Police. They arrest and charge, while the DPP indicts and prosecutes on behalf of the public or State.

    ANR, may therefore, inquire of the Ministry of Foreign Affairs what is happening to the request.

    Likened to ‘…Leroy King,’ the suspected fugitive could delay any attempt to extradite him to India, in the Judiciary as the news report has indicated.

    Money not only talks, but also allows for engagement of ‘…high-end clients’ and reputable Law Firms and attorneys.

    Court delays are all part of the principles of democracy. ‘…Don’t dig nutten.’

  4. He should be considered fully innocent until proven guilty in a court of law. He is an Antigua citizen he deserves the right of constitutionally protected due process.

    I believe he is innocent. I have done research on his case in India and this is simply a situation in which a major Indian bank went bankrupt and that bank’s management is trying to blame their biggest borrowers, including this guy. So now let’s put every person in jail that takes a loan from a bank?

    This guy is innocent and I welcome him to Antigua to stay forever, he is our fellow citizen. Hopefully he becomes a part of our great country and donates money to our organizations here.

  5. So he’s basically suing the government bcos he knew his situation in India and bought his CIP passport to hide in Antigua…

    Now Antigua is supposedly stagnate in his extradition or he mad the government of Antigua is about to hand him over ….he sues buying himself more time cos basically the ANTIGUAN CITIZENSHIP SHOULD HAVE PROTECTED HIM FROM ANY ALL/ANY EXTRADITIONS….


    This is why America looks at Antigua as a haven for MONEY LAUNDERING…..


  6. He is not a citizen by birth and countries can revoke a passport and deport individual.
    It’s done here in the United States.

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