The Eastern Caribbean Supreme Court in Saint Lucia is set to hear fugitive diamantaire Mehul Choksi's extradition case at around 6.30 pm on Wednesday. But irrespective of the outcome of the hearing, Choksi's mysterious disappearance and then reappearance has turned him into a political hot potato.
Choksi, who mysteriously went missing on 23 May from Antigua and Barbuda where he has been staying since 2018, was detained in neighbouring Dominica for illegal entry after a possible romantic escapade with his 'girlfriend'.
The whole fuss over Choksi's presence in one or the other Caribbean island, which are roughly just 100 nautical miles apart, stems from the uncertain status of his citizenship.
Here is a low-down on the situation.
Choksi's unsettled citizenship: How it impacts deportation?
Choksi had fled India weeks before an investigation was launched into the Punjab National Bank scam and had acquired citizenship of Antigua under its Citizenship by Investment Programme (CIP) in November 2017.
On 14 October, 2019, the Antigua Government revoked Choksi's citizenship on the grounds of “willful concealment of material facts" in order to acquire Antiguan citizenship, according to The Times of India.
Meanwhile, the Indian government insists that the owner of the Gitanjali Group is still an Indian citizen with an Interpol red corner notice against him as the Indian government has not issued a certificate of surrender of passport to Choksi yet. However, India does not allow dual citizenship.
The Dominican government had issued a statement that it is ascertaining the status of his citizenship with Antigua and once confirmed, he would be deported there.
Meanwhile, Antigua and Barbuda Prime Minister Gaston Browne had said Dominica and law enforcement agencies, unless the court rules otherwise, can deport him to India because he is an Indian citizen, ANI reported.
"The problem is if he is sent back to Antigua because he is an Antiguan citizen, even though his citizenship is unsettled, he still enjoys constitutional and legal protections as a citizen. We have no doubt that his citizenship will ultimately be revoked because he did not disclose material of information," he said.
Former CBI director AP Singh told news agency ANI that Dominica can deport Mehul Choksi at any time as he has no legal rights there. But, If the Dominican court finds that Choksi was kidnapped and forcibly taken to Dominica, he'd be deported to Antigua as his country of origin.
Theories on Choksi's alleged 'disappearance'
Choksi was reported “missing" by his family members and lawyer Vijay Aggarwal after he went for dinner in his car in Antigua and Barbuda on Sunday and didn’t return. Later, police in Dominica captured Choksi on Tuesday night (local time) after an Interpol Yellow Notice was issued against him by Antigua and Barbuda.
Choksi's lawyers alleged that he was kidnapped from Jolly Harbour in Antigua by policemen looking like Antiguan and Indian and brought to Dominica on a boat, a theory also backed by the region's opposition parties who alleged the Antiguan and Dominican government's complicity in the fugitive diamantaire’s so-called abduction.
His pictures emerged from Dominica having red swollen eyes and body marks, which further deepened the mystery around his brief disappearance.
Another floating theory was that Choksi was honey-trapped by a mysterious woman and brought over to the Dominican island to escape complicated legal loopholes that had been preventing his extradition to India thus far.
Yet, there is a theory afloat within certain sections of the media that one of Choksi's relatives allied with the Antiguan opposition to back his abduction theory to escape Indian law, in return for possible donations to the opposition party's coffers.
However, Indian investigating agencies have indicated that Choksi had escaped to Dominica on a boat probably en route to Cuba after Prime Minister Browne had said Choksi would be extradited to India because he had exhausted his appeals against the deportation, according to CNBC TV18. Since Cuba has no extradition agreement with India, Choksi’s retrieval from the island nation would have been much more difficult than before.
However, given that this is still a developing story, we advise readers to take everything with a pinch of salt.
Political slugfest in Caribbean over Choksi's disappearance
The fugitive diamantaire's disappearance has turned into a political hot potato after Dominican opposition leader Lennox Linton alleged that the Indian, Dominican and Antiguan government were complicit in Choksi's abduction.
"The obvious collaboration between the governments of Dominica, Antigua, and Barbuda and India is undermining the judiciary in the Eastern Caribbean. The police, immigration, and customs officials openly allowed violations of the law to 1) facilitate the operators of St Lucia-based schooner; and 2) detain Choksi on allegations of illegal entry. The ministers of the government who instructed and/or influenced police, immigration and customs officials to unlawfully facilitate the inhumane transfer of Choksi to Dominica," he said.
He also told India Today that Choksi was removed from Antigua with the help of Dominica government in order to by-pass ongoing extradition proceedings.
Liton claimed that the boat arrived in Dominica on 23 May, the day Choksi claimed to have been abducted on, and not 25 May. He added that according to some reports Choksi was picked up by the coastguards in the waters itself before the yacht docked in Portsmouth.
The Opposition leader also said the incident has brought shame to Dominica and had demanded an investigation in the matter. Liton also said that he wasn't against Choksi's extradition but he should be brought to book within the realms of the law.
However, ANI and East Caribbean news website Associate Times reported quoting sources that Choksi's brother, who is also a bank defaulter, has allegedly promised election funding Dominica's Leader of the Opposition Lennox Linton in exchange for pushing Mehul's abduction theory.
Antiguan prime minister Browne also alleged links between Choksi and Linton's party United Progressive Party, a charge denied by both Choksi's lawyer and Linton. He told The Times of India that Choksi changed his lawyer to a well-known member of the UPP; former attorney general under the UPP, Justin Simon. We have it on reliable authority that the UPP had promised Choksi protection for campaign funding."
The background
Spotting a window of opportunity in the arrest of Choksi in Dominica where he was "detained" for illegal entry, India dispatched a jet with documents related to cases against Choksi which landed at Douglas Charles Airport in Dominica on 28 May.
Choksi and his nephew Nirav Modi had fled India in the first week of January 2018 weeks before Rs 13,500 crore scam in Punjab National Bank rocked the Indian banking industry.
The duo allegedly bribed the officials of the state-run bank to get Letters of Undertaking (LoUs) on the basis of which they availed loans from overseas banks which remained unpaid.
The alleged corrupt officials did not enter these LoUs in the core banking software of the PNB thus evading any scrutiny. The non-payment of these LoUs or bank guarantees worth Rs 13,500 crore resulted in default and became a liability on the bank.
Modi escaped to Europe and was finally held in London where he is contesting his extradition to India while Choksi took citizenship of Antigua and Barbuda in 2017 where he had been staying since his escape from Delhi.
With inputs from agencies
from Firstpost India Latest News https://ift.tt/3g6QuIm
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