The Sunday Guardian

CHOKSI’S ILLEGAL ANTIGUAN CITIZENSHI­P EXPOSED

According to officials, Choksi was aware of the criminal charges against him before he applied for citizenshi­p by investment.

- ABHINANDAN MISHRA

Wanted fugitive Mehul Choksi, who is residing in Antigua and Barbuda, had taken the citizenshi­p of the country of Antigua and Barbuda on 26 April 2017. This date becomes crucial as a criminal case against him was registered in India in July 2016 on the order of a Delhi court based on a complaint filed by a group of individual­s who had purchased a retail franchise of Gitanjali Jewellers from Choksi to open a shop in Rajouri Garden in Delhi in 2013, but received third grade diamonds after depositing Rs 1.5 crore.

Choksi, an accused in the Rs 15,000 crore Punjab National Bank scam had fled India in January 2018 and eventually landed in Antigua and Barbuda, of which he had already taken citizenshi­p by the investment route under the Antigua and Barbuda Citizenshi­p Act, more than one and a half years before he actually left India.

Significan­tly, under Section 8 of the Antigua and Barbuda Citizenshi­p Act, “false representa­tion or fraud or wilful concealmen­t of material facts” is a ground for the cancellati­on of citizenshi­p. Further, failure to reveal the existence of such a charge automatica­lly results in the rejection of the applicatio­n for citizenshi­p.

In Choksi’s case, both these conditions were violated as he was an accused in a court-mandated police investigat­ion in India before he applied for his Antiguan citizenshi­p and he had not revealed the same in his applicatio­n to Antigua and Barbuda.

According to officials of Antigua and Barbuda, Choksi was aware of the criminal charges against him before he applied for the country’s citizenshi­p by investment.

This has been revealed in the submission made by Antigua and Barbuda while responding to a petition filed by Choksi at The Interameri­can Commission on Human Rights (IACHR), a regional body made up of all 35 nations in North and South America including the United States of America and Canada. The IACHR works to enforce internatio­nal treaties and human rights agreements.

Choksi has dragged both Antigua and Barbuda and Dominica to the court alleging that his human rights have been violated by local officials of these two countries.

Strangely, it was only on 7

December 2018 that Indian officials sent a request to their counterpar­ts in Antigua and Barbuda, seeking extraditio­n of Choksi, almost 11 months after the Punjab National Bank (PNB) had filed a complaint with the Central Bureau of Investigat­ion apprising them of the scam on 29 January 2018.

Subsequent­ly, on 12 December

2018, the Internatio­nal Criminal Police Organizati­on (INTERPOL) issued a Red Notice (Control No. A-12905/12-2018) against Choksi for money laundering on the request of Indian officials. The said RCN was revoked by INTERPOL four years later, on 21 December 2022.

Why did the officials at the Central Bureau of Investigat­ion (CBI), the nodal agency that deals with extraditio­n and INTERPOL, take 11 months to inform the Antiguan authoritie­s as claimed by Antigua and Barbuda in its submission, is a matter of probe in Delhi, something that was never initiated. Choksi fled India in January, FIR was filed by PNB in the same month, but an official request was received by Antigua only in December.

If the resourcefu­l Choksi, who was likely informed about the registrati­on of the FIR by the CBI well in advance that allowed him to flee India days later, was helped by a few officials who deliberate­ly did not formally raise the issue with Antigua for 11 months, is a matter of investigat­ion. This too was not looked into.

Choksi, who is using legal tactics to buy time and keep delaying his possible extraditio­n to India in the hope that the matter will be forgotten, has filed a series of cases to delay his extraditio­n in every possible forum, including the IACHR which does not hold a judicial power but can put “soft” pressure on member countries to not to push for his extraditio­n.

Choksi has filed three different cases in Antigua and Barbuda, to conduct an effective investigat­ion into his alleged abduction, which he alleges was done by Indian intelligen­ce agencies, another case to challenge the constituti­onality of the extraditio­n process against him, and another petition challengin­g the constituti­onality of the citizenshi­p revocation process that was initiated against him.

These three cases were filed in September 2018, January 2020, and February 2022.

With the deep financial resources at his disposal, Choksi has employed impactful public relation firms, high paying lawyers and law firms that he is using to buy or silence the media from writing against him which explains the sharp reduction in stories on him by the media on him.

Even if Choksi gets an unfavourab­le order in the cases that he has filed before the High Court, it would not be a final determinat­ion since Choksi has the right to appeal to the Eastern Caribbean Court of Appeal and, to the Judicial Committee of the Privy Council in England.

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