Punjab National Bank scam accused Mehul Choksi was denied bail by Dominica high court calling him a ‘flight risk’ while terming his entry to the Caribbean island illegal. India has also filed affidavits in the high court seeking to implead in the case and argue for his deportation to India where he is wanted in a £1.35 billion money laundering case.
Choksi’s lawyer has called it a temporary setback as the fugitive diamantaire didn’t have a place of residence in Dominica and hence he was denied bail. The Indian legal team is assisted by senior advocate and Queen’s Counsel Harish Salve who had earlier claimed that the court proceedings may take a few weeks, but expressed confidence that the fugitive will be deported to India.
After the CBI and Enforcement Directorate registered cases against Choksi and his nephew Nirav Modi, in January 2018, the diamond traders fled the country with other family members. While Choksi took up citizenship of Antigua and Barbuda, Nirav Modi was caught in London and has been in prison without bail for two years now. On May 23, Choksi claimed, he was abducted from Antigua and taken to Dominica where he was arrested for illegal entry.
Authorities in both Antigua and Dominica have told local courts that they favour his deportation to India where he is wanted in multiple cases of serious financial frauds. Indian enforcement agencies have prepared a comprehensive dossier of the fugitive diamond trader to be used for pleading in the court seeking his deportation.
Indian authorities have claimed that Choksi remains an Indian citizen as he had fled the country after committing a serious crime and when warrants were issued against him asking him to present before investigating agencies for questioning. A non-bailable warrant has been pending against him since 2018; a Red Corner Notice issued by the Interpol and multiple chargesheets filed in the courts against Choksi and his associates.
For deportation, courts in any foreign jurisdiction primarily look for whether charges have been framed against a fugitive and if he jumped bail and evaded trial in courts. In similar circumstances, India had successfully deported British national Christian Michel from Dubai in December 2018. Michel was wanted in India in connection with alleged bribing of Indian officials and politicians in the Agusta Westland VVIP chopper deal, which was finally scrapped in 2014.
Centre, CBI prepare for legal battle
The government of India and the CBI have sought to join Choksi's case in the Dominica High Court, sources said. While the CBI will focus on the Punjab National Bank (PNB) scam case, the Ministry of External Affairs (MEA) will argue on Choksi's citizenship status, sources add. The CBI has filed an 'impleadment' application in the Caribbean nation's court on Choksi's habeas corpus plea. The agency seeks to submit the PNB case details against the jeweller before the high court to establish that he is a fugitive, sources say. Relying on the non-bailable warrants issued against Choksi by Indian courts for skipping summons, CBI has submitted, "Choksi, a fugitive" is evading justice in the £1.35 billion PNB scam case.
