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‘Choksi still Indian citizen’: ED’s likely line of argument in court

The owner of Gitanjali Group, a retail jewellery firm with 4,000 stores in India, Choksi is wanted in his native land in connection with a major fraud involving the Punjab National Bank (PNB). Choksi has held Antiguan citizenship since 2017, acquired via the citizenship by investment programme. The Punjab National Board scam came to light shortly after his arrival in the country. The Antigua and Barbuda government has since started the process to revoke his passport, which Choksi had been fighting through the courts.

India’s Enforcement Directorate according to newspaper reports will argue in the High Court of Dominica that Choksi remains an Indian citizen, although he has a passport issued by Antigua and Barbuda, is in Dominica illegally, is accused of fraud and money laundering in India, with enough evidence of the same and has an Interpol Red Corner Notice against his name, and therefore be deported to India. ED will present to the court detailed evidence of Choksi’s wrongdoings, where his companies Gitanjali Gems, Giri, and Nakshatra and how it defrauded the Punjab National Bank.

India’s Central Bureau of Investigation and ED are investigating the case, which goes back at least a decade, and involves the issue of so-called letters of undertaking to Choksi’s companies, which he used, along with a clutch of shell entities registered in countries such as Hong Kong, which has emerged as one of the epicentres of his web, to divert money overseas. Investigations have traced at least $500 million of such diversions.

Choksi’s nephew Nirav Modi was his partner. While Choksi fled India for Antigua and Barbuda, Modi fled to London, where legal extradition proceedings against him are continuing, with India winning many of the initial battles. But the key part of ED’s argument will be that while Choksi surrendered his Indian passport in September 2018 in Georgetown Guyana, this was not accepted and the surrender documents were not signed by the prescribed authority. ED will argue, citing Rule 23 of India’s Citizenship Act, that the prescribed authority, in this case, is the ministry of home affairs. A central government official confirmed that Choksi’s Indian citizenship was not cancelled. The move of Choksi surrendering his Indian citizenship was never accepted, the official said on condition of anonymity. Antigua and Barbuda are unlikely to make a case for deporting Choksi back to the country — the country’s government is fighting two cases against the fugitive in the courts, including one over the revocation of his citizenship.

In fact, neighbouring Antigua has also urged Dominica to hand over Choksi to India directly. However, Dominica remains non-committal and two days back issued a statement saying that Choksi will be handed. Details remain sparse due to a judge’s order barring Choksi’s attorneys from speaking with the media.

India wants him extradited to face charges of criminal conspiracy, criminal breach of trust, and money laundering, among others. Choksi denies the allegations and claims they are motivated by political expediency.

India wants him extradited to face charges of criminal conspiracy, criminal breach of trust, and money laundering, among others. Choksi denies the allegations and claims they are motivated by political expediency.

 

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