Mehul Choksi extradition to be tough road for India

CARIBBEAN: The extradition process of fugitive diamantaire Mehul Choksi is going to be a tough road for Indian investigative agencies as no treaty has been signed between India and Antigua for extradition. Choksi, an Indian national, along with his nephew Nirav Modi are prime suspects in a $2 billion Punjab National Bank fraud.

However, in the absence of a bilateral treaty, Mehul Choksi can still be extradited to New Delhi as both countries are members of the Commonwealth of Nations but the process likely to end up in court, where India has faced a hard luck as it had failed to bring back any fugitive economic offenders.

The list includes Vijay Mallya, Nirav Modi, Lalit Modi and many more, who are living in foreign countries and Indian agencies are trapped in legal procedures.

The extradition process is also not an easy task in Antigua, both the Enforcement Directorate and CBI have an uphill task apprehending Choksi, given the legal tangles the agencies are facing in the matter.

A Caribbean lawyer Selvester L Ross said that India is putting pressure on Antigua for the Mehul Choksi's extradition under Commonwealth law as it has no treaty with the country.

"Extradiction process is not an easy task, it's not a usual affair for a high commissioner to meet a head of another state and hand over an extradition request in a closed door meeting. Usually, these matters are handled between ministries at a bureaucratic level," he said.

"India is pursuing extradition process under Commonwealth law where the process is complex and slower than the United Kingdom, which heads commonwealth nations. India has failed to bring back economic fugitives like Mallya, Nirav Modi and Lalit Modi, who are living in the UK after fleeing from India," Selvester said.

He further added that India and UK have the direct relationship under the Commonwealth but all the extradition requests are pending.

"Antigua has UK based law so the process will be the same, the Indian government is yet to get any success in UK and scenario will be no different in Antigua," he said.

Choksi’s extradition has been pending with the office of the director of public prosecutor of Antigua. Even a request by Indian agencies to issue an Interpol Red Corner Notice against Choksi has not yielded results.

According to Choksi's appeal filed before a court in Antigua, Mehul Choksi claims that he acquired Antiguan citizenship following the Antiguan law, and hence, “the Antiguan government is duty-bound to protect rights of its citizen, over a request made by a foreign government”. This is something the Antiguan prime minister reportedly has also agreed with.

Choksi’s Antiguan passport makes sure that he can travel visa-free to 140 countries. In the absence of an Interpol Red Corner Notice, there is nothing that stops him from leaving Antigua at his will.

The Indian External Affairs Minister Sushma Swaraj had a brief meeting with her counterpart from Antigua & Barbuda. It is also learnt that the government of Antigua & Barbuda had expressed their wish to have a one-on-one meeting with India to discuss Mehul Choksi's extradition process.

Chet Greene, however, did not lay down a time frame for Choksi's extradition and categorically stated that the entire legal procedure will be followed in extraditing Chowksi.