POINTERS OF DEVELOPMENT
A. Bail granted on Medical Grounds
Diamantaire Mehul Choksi, who was presently under arrest in Dominica, was on Monday granted bail by a Caribbean court and allowed to travel back to Antigua and Barbuda. He is facing charges in Dominica for illegal entry.
His earlier bail application was rejected.
According to reports in the Antiguan media, Choksi’s bail plea was supposed to be heard on July 23, 2021, but was heard on July 12 on medical grounds. His lawyers had moved the court pleading that he was suffering from a neurological disorder for which he needed treatment in Antigua as reported in newspapers.
B. Bail with a bond of 10,000 ECD
The Eastern Caribbean High Court in Dominica, which on Monday granted Choksi bail, has asked him to furnish a bond of 10,000 Eastern Caribbean dollars and also asked him to return to Dominica after treatment.
Choksi’s lawyer Vijay Aggarwal, who confirmed the development, said, “Dominica courts finally upheld the rule of law and rights of a human to be treated in the medical facilities of his choice. And all attempts by various agencies did not bear fruits. There is a solace in saying that all clever foxes end up as fur coats.”
Choksi is facing a case of extradition in Antigua at India’s request.
Dominica High Court Judge Bernie Stephenson allowed the businessman to return to Antigua and Barbuda, where he has been living as a citizen since 2018 after leaving India.
The High Court also ordered he must notify the court of his address in Dominica once he returns and his bail will be reviewed within 48 hours. The hearing of bail was held as lawyers intimated the court of his worsening health.
C. The nature of dispute
Choksi has sought a judicial review of the case of illegal entry into Dominica brought upon him by the local police and the decision of a minister there to declare him a prohibited immigrant. The matter has now been deferred till 26 January 2022.
His trial for illegal entry before a magistrate has also been stayed, which is likely to pose hurdles in the battle to have him extradited to India, where he is among the accused in the Rs 13,500 crore Punjab National Bank scam.
C. Indian Angle
After reports of him being held in Dominica had surfaced, India rushed a team of officials led by CBI DIG Sharda Raut to make every effort to bring him back on the basis of Interpol Red Notice against him. His lawyers had alleged that he was abducted from Antigua and Barbuda in an elaborate plot hatched by men of Indian origin and a mystery woman, named Barbara Jabarica.
Polak who filed a complaint with Scotland Yard said Choksi was removed from Antigua and Barbuda, whereas a citizen he enjoys rights to approach the British Queen’s Privy Council as last resort in cases on his citizenship and extradition, to Dominica where these rights are not available to him.
The Indian government has sought his deportation directly from Dominica as he is an illegal citizen there, while in Antigua, he enjoys constitutional and legal protection.
The businessman, who fled India in January 2018 after cheating Punjab National Bank of $952 million, is currently facing extradition proceedings, as well as revocation of citizenship proceedings, in Antigua.
India had filed an impleadment application in the Dominican High Court in June against Choksi.
Image Source: The Indian Express
