Dominica Court extends stay on Mehul Choksi’s deportation to India

The next hearing of the case is scheduled for June 2. The decision came while the court was hearing a habeas corpus plea filed by Choksi’s lawyers.

The High Court of Dominica on Friday “restrained” the extradition of fugitive businessman Mehul Choksi, who is wanted in India in Rs 13,500 crore Punjab National Bank (PNB) fraud case. As per reports, Justice M.E. Birnie Stephenson, in her order, extended the injunction on removing Choksi from Dominica “until further or other hearing of this application is continued until the further hearing of this matter”.

The next hearing of the case is scheduled for June 2. The decision came while the court was hearing a habeas corpus plea filed by Choksi’s lawyers. The court further stated that Choksi “must be taken transported to the Dominica China Friendship Hospital for medical attention and the administration of a Covid-19 test”.

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The respondents (the Attorney General and the Chief of Police) have been asked to file their affidavits by 10.30 on Tuesday, and the applicant (Choksi) to file an affidavit in reply, if necessary, on or before 3.30 p.m. on Tuesday.

To recall, Choksi went missing from Antigua and Barbuda on Sunday, sparking a massive manhunt. He was captured on Tuesday night in Toucari Beach, a small village located in the northwestern coast of the island, by Dominican police while allegedly trying to flee to Cuba in a boat. The fugitive diamantaire had been living in Antigua and Barbuda since 2018 after taking the citizenship of the country.

The Centre is reportedly in touch with Dominica authorities to bring back fugitive businessman Mehul Choksi from the Caribbean region. While the Dominican government is reticent on India’s effort to get the disgraced businessman back, it said it would make “possible arrangements” for his repatriation to Antigua.

Note that several news reports emanating from Roseau, the capital of Dominica, mentioned that Choksi’s lawyer has claimed before local journalists that the businessman had been kidnapped from Antigua by men who sounded Indian and brought to Dominica, where he was allegedly beaten up.

In fact, Choksi’s lawyer in India, Vijay Agarwal, told news agency IANS that Choksi was forced to get into a vessel from Antigua and was taken to Dominica. He also claimed that there were marks on Choksi’s body, implying the use of force. “There is something fishy and I guess it was a strategy to take him to another place so that there are chances of sending him back to India. So I don’t know what forces are operating. The time will tell,” Agarwal was quoted saying.

However, Antigua Police Commissioner Atlee Rodney has rubbished the claims of Choksi’s lawyer and said that they have no information on him being forcefully removed.

The Dominican government’s made its stance on Choksi’s deportation somewhat clear a day after Antigua and Barbuda Prime Minister Gaston Browne made a statement, mentioning that he had asked the Dominican authorities to extradite the diamantaire to India rather than send him back to Antigua.