In a big shock to Central Bureau of investigation (CBI), the Antigua and Barbuda High Court has ruled in favour of alleged fugitive diamantaire Mehul Choksi, wanted in India for allegedly being involved in a fraud worth around Rs. 13,000 crore at Punjab National Bank.
ANI reported that the court’s ruling on April 14 mentioned Choksi cannot be extradited from Antigua and Barbuda. Choksi had moved a civil lawsuit claiming that he was subjected to “inhuman or degrading treatment or punishment”. The report cited the Dominica-based Nature Isle News as stating that Choksi in his civil lawsuit, contended that the defendants — the Attorney General of Antigua and the Chief of Police — have an obligation to conduct a comprehensive investigation.
The fugitive businessman has sought relief 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, an ANI report said on Saturday.
Report added “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 parties 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.”
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.