Mehul Choksi, the diamantaire who is wanted in India in connection with the Rs 13,000 crores fraud cannot be removed from Antigua and Barbuda.
The High Court of Antigua and Barbuda has ruled in favor of Choksi.
The diamond merchant in his civil lawsuit has argued that there is an obligation on the part of the defendants, the Attorney General of Antigua and the Chief of Police to carry out a thorough inquiry and that he has an arguable claim that he was subjected to inhuman or degrading treatment or punishment, Dominica based Nature Isle News reported.
Demanding an investigation into his claims, Choksi 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.
The court order has prohibited the removal of the Claimant from Antigua and Barbuda's territory without a High Court ruling following an inter party hearing and subject to the Claimant (Mehul Chowksi) exhausting all available legal remedies, including appeals.
"Further or in the alternative, a Declaration that the first Defendant is to establish an independent, judicial inquiry as to the circumstances of the Claimant (Mehul Chowksi)'s forcible abduction and removal from the jurisdiction of Antigua and Barbuda on or around 23 May 2021. A Declaration that the second Defendant has a duty to confirm to the Dominican police that the evidence supports that the Claimant was forcibly removed from the jurisdiction and taken to Dominica against his will," the court order read.
"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 partes 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," it read further.
Collusion, forced abduction, removal from Antigua and Barbuda, assault, and battery are among the incidents detailed in the Claimant Mehul Chowksi's affidavits in support of the claim. The Claimant was forcibly transported to the Commonwealth of Dominica aboard a boat, as per the report of Nature Isle News.
The 63-year-old diamantaire is wanted in India in connection with a Rs 13,000-crore fraud in the Punjab National Bank (PNB).
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