Choksi extradition case may also end up in a UK court

THE UK’S EXTRADITION PROCESS IS LENGTHY, WITH EMPHASIS ON THE POSSIBLE TREATMENT OF PERSONS TO BE EXTRADITED IN THE COUNTRY SEEKING THEIR EXTRADITION

NEW DELHI: India’s request to Antigua and Barbuda for the extradition of fugitive diamond merchant Mehul Choksi may finally be decided in the United Kingdom, where India is already fighting a case for the extradition of Vijay Mallya.

The UK’s extradition laws are stringent and its extradition process lengthy, with a special emphasis on the possible treatment of persons sought to be extradited in the country seeking their extradition.

Choksi has moved the Eastern Caribbean Supreme Court in Antigua and Barbuda to stall his extradition to India by challenging the extradition law of his adopted country.

“The hearing of the petition is likely to take place within the next two months and the appellate court for moving against any order the Eastern Caribbean Supreme Court is the Judicial Committee of The Privy Council (JCPC) in the UK,” said a person associated with Choksi’s legal team who asked not to be identified. JCPC is the court for final appeal for the UK overseas territories, crown dependencies and Commonwealth countries which have retained the option of appealing there.

“If Choksi gets relief or his petition is denied, both ways, an appeal is likely to filed in the JCPC by the aggrieved party which will take a final call on the issue. Though there is a longterm plan for allowing a Caribbean court of justice to fulfil the role of JCPC, I don’t think a decision in this regard will be taken very soon,” added the person quoted above.

Choksi’s nephew and co-accused in the Punjab National Bank (PNB) fraud, Nirav Modi, has been traced to the UK. India has submitted a request for his extradition and it is expected that a judicial review of the request will be set in motion as it was in the case of liquor baron Mallya.

Both Choksi and Nirav Modi left India in the first week of January and have not returned despite repeated summons from the investigating agencies and courts.