File Picture
It’s a big relief for Mehul Choksi and bad news for the Indian agencies. The Antigua and Barbados High court has given it’s ruling in favour of the fugitive diamantaire who had moved a civil lawsuit in the High court claiming that he was subjected to “inhuman or degrading treatment or punishment”, basis which he, now, cannot be removed from Antigua and Barbuda. The country’s High Court gave the ruling in his favour. The fugitive diamantaire who is wanted in India in connection with₹ 13000 crore fraud. 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.
Choksi has demanded an investigation into his claims 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.
Choksi can only be removed from the country with a High Court ruling following an inter-party hearing and subject to him, 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.
Going by the ruling, it’s an uphill task for the Indian authorities to get back such fugitives. Keeping elections which are due in 2024, it might spiral into a big debate that despite many promises made time and again, the fugitives still remain at large! Not only this they are giving the agencies a tough fight for their survival. What happens next is still to be seen.
