An Indian court on Thursday (Sept 21) dismissed pleas filed by economic offender Mehul Choksi aimed at challenging efforts of India’s top economic intelligence agency, the Enforcement Directorate (ED), to declare him a Fugitive Economic Offender (FEO).

Choksi is an accused in the PNB bank scam case, along with billionaire jeweller Nirav Modi, who is the promoter of Gitanjali Gems. Choksi and Modi have been accused of getting letters of undertaking (LoU) and foreign letters of credit (FLC) of Rs 12,636 crore issued in favour of foreign branches of Indian banks based on fraudulent claims.

It is to be noted that Modi was declared an FEO in December 2019, and now the ED is seeking to pursue a similar case against Choksi as well.

<h2>Choksi alleges procedural lapses in ED’s proceedings</h2>

Justice Sarang V Kotwal of the Bombay High Court concluded a hearing on September 11 in Choksi's pleas and reserved the order. In his pleas, Choksi alleged procedural lapses in the proceedings before the special court designated under the Prevention of Money Laundering Act (PMLA).

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In January 2020, the HC initially provided temporary relief to Choksi by preventing the special court from issuing a final order on the Enforcement Directorate's (ED) application to label Choksi as a Fugitive Economic Offender (FEO). This injunction was repeatedly extended until Friday.

In 2019, the ED submitted an application to the PMLA Court, seeking to declare Choksi as an FEO under the Fugitive Economic Offenders Act, 2018, and seize his assets.&nbsp;

<h2>Who can be declared as FEO?</h2>

According to Indian laws, a person can be declared an FEO if a warrant is issued against them for an offence involving Rs 100 crore or more and if they have left the country and refused to return.

<a href="https://www.wionews.com/india-news/amid-nijjar-row-india-suspends-visas-for-canadians-as-tensions-rise-between-the-two-countries-638125">Also read:&nbsp;Amid Nijjar row, India suspends visas for Canadians as tensions rise between the two countries</a>

Choksi had subsequently approached the HC to challenge the ED's application, filing two petitions: one seeking the dismissal of the central agency's application and the other seeking permission to cross-examine the investigating officers and individuals whose statements the investigative agency relied upon to declare Choksi as an FEO.

<h2>ED’s argument</h2>

Last month, the agency also approached the HC to review the stay on proceedings to declare Choksi an FEO.&nbsp;

The agency argued that Choksi is accused under the PMLA Act, and prosecution against him is pending due to the HC's stay. It urged Justice Kotwal to make a final decision on the petitions promptly.

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An Indian court on Thursday (Sept 21) dismissed pleas filed by economic offender Mehul Choksi aimed at challenging efforts of India’s top economic intelligence agency, the Enforcement Directorate (ED), to declare him a Fugitive Economic Offender (FEO).

An Indian court on Thursday (Sept 21) dismissed pleas filed by economic offender Mehul Choksi aimed at challenging efforts of India’s top economic intelligence agency, the Enforcement Directorate (ED), to declare him a Fugitive Economic Offender (FEO). Choksi is an accused in the PNB bank scam case, along with billionaire jeweller Nirav Modi, who is the promoter of Gitanjali Gems. Choksi and Modi have been accused of getting letters of undertaking (LoU) and foreign letters of credit (FLC) of Rs 12,636 crore issued in favour of foreign branches of Indian banks based on fraudulent claims. It is to be noted that Modi was declared an FEO in December 2019, and now the ED is seeking to pursue a similar case against Choksi as well. Choksi alleges procedural lapses in ED’s proceedings Justice Sarang V Kotwal of the Bombay High Court concluded a hearing on September 11 in Choksi's pleas and reserved the order. In his pleas, Choksi alleged procedural lapses in the proceedings before the special court designated under the Prevention of Money Laundering Act (PMLA). Watch: Nigeria: Indian diaspora celebrates Ganesha Chaturthi in Lagos as festival goes global × In January 2020, the HC initially provided temporary relief to Choksi by preventing the special court from issuing a final order on the Enforcement Directorate's (ED) application to label Choksi as a Fugitive Economic Offender (FEO). This injunction was repeatedly extended until Friday. In 2019, the ED submitted an application to the PMLA Court, seeking to declare Choksi as an FEO under the Fugitive Economic Offenders Act, 2018, and seize his assets. Who can be declared as FEO? According to Indian laws, a person can be declared an FEO if a warrant is issued against them for an offence involving Rs 100 crore or more and if they have left the country and refused to return. Also read: Amid Nijjar row, India suspends visas for Canadians as tensions rise between the two countries Choksi had subsequently approached the HC to challenge the ED's application, filing two petitions: one seeking the dismissal of the central agency's application and the other seeking permission to cross-examine the investigating officers and individuals whose statements the investigative agency relied upon to declare Choksi as an FEO. ED’s argument Last month, the agency also approached the HC to review the stay on proceedings to declare Choksi an FEO. The agency argued that Choksi is accused under the PMLA Act, and prosecution against him is pending due to the HC's stay. It urged Justice Kotwal to make a final decision on the petitions promptly. WATCH WION LIVE HERE ×

India: Court dismisses Mehul Choksi’s pleas against ED’s move to declare him ‘fugitive’

Mehul Choksi, a diamantaire wanted in India in connection with a scam of INR 13,000 crores (Rs 130 billion), cannot be extradited, the Antigua and Barbuda High Court said on Friday.

Choksi had requested relief, including a declaration that says he is entitled to a timely and complete inquiry into the events surrounding his forceful deportation from Antigua and Barbuda on or about May 23, 2021.&nbsp;

Mehul Choksi, who is wanted in India for a Rs 13,000-crore fraud in the Punjab National Bank,&nbsp;disappeared from Antigua in May 2021 after fleeing there in 2018 to evade punishment in India for defrauding PNB&nbsp;along with his nephew, Nirav Modi. He had then claimed that he was removed from Antigua &amp; Barbuda and was forced to travel to Dominica in a boat.

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Choksi argued in his civil lawsuit that the Attorney General of Antigua and the Chief of Police have a duty to conduct a thorough investigation and that he has a plausible claim that he was subjected to inhuman or degrading treatment or punishment, according to Dominica-based Nature Isle News.

According to the court decision, Mehul Choksi cannot be removed from Antigua and Barbuda's territory until the High Court rules after an inter-party hearing and after Mehul Choksi has exhausted all other legal options, 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 Choksi)'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.

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"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.

Earlier, India's Central Bureau of Investigation (CBI) in its statement said that it remains committed to returning fugitives and criminals to India to face the process of criminal justice.

"Systematic steps have been initiated in close coordination with foreign law enforcement agencies for geo-locating and return of wanted criminals and economic offenders. In the last 15 months, over 30 wanted criminals have returned to India," it read.&nbsp;

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According to the CBI, a complaint was filed on February 15, 2018, accusing 63-year-old diamantaire Mehul Choksi and others of cheating the Punjab National Bank. Mehul Choksi and others faced five further criminal cases brought by the CBI in 2022 for bank and financial institution fraud.

Earlier in March, Mehul Choksi's name was removed from the Interpol database of Red Notices (RCN). As per reports, Choksi got off the list on the basis of his plea to the Lyon-headquartered agency. Responding on that, CBI said it "continues to exercise available remedial and appellate options within INTERPOL for rectification of this faulty decision and for restoration of Red Notice."

"CBI has pointed out that even Antigua authorities consider there is sufficient evidence to substantiate that the applicant concealed material facts or made false representation when he applied for his Antigua and Barbuda citizenship, a fact which reflects on previous conduct of this criminal," it added.&nbsp;

Choksi's spokesperson claimed, "The report from the Antiguan police, and the evidence adduced by Choksi in the ongoing High Court proceedings in Antigua, point to an alarming case of state orchestrated kidnap, torture and attempted rendition by the Indian government."&nbsp;

"The decision of Interpol to delete the Red Notice strengthens these concerns. Moreover, the preliminary ruling of the High Court in Antigua demonstrates that there is a case to answer for a full investigation. In turn, Choksi has presented a compelling case that the Indian government is behind the orchestrated kidnap from Antiguan territory, the torture of Mr Choksi, and the attempt to render him to India in breach of the international rule of law," he added.&nbsp; 
 
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Mehul Choksi, a diamantaire wanted in India in connection with a scam of INR 13,000 crores (Rs 130 billion), cannot be extradited, the Antigua and Barbuda High Court said on Friday.

Mehul Choksi, a diamantaire wanted in India in connection with a scam of INR 13,000 crores (Rs 130 billion), cannot be extradited, the Antigua and Barbuda High Court said on Friday. Choksi had requested relief, including a declaration that says he is entitled to a timely and complete inquiry into the events surrounding his forceful deportation from Antigua and Barbuda on or about May 23, 2021. Mehul Choksi, who is wanted in India for a Rs 13,000-crore fraud in the Punjab National Bank, disappeared from Antigua in May 2021 after fleeing there in 2018 to evade punishment in India for defrauding PNB along with his nephew, Nirav Modi. He had then claimed that he was removed from Antigua & Barbuda and was forced to travel to Dominica in a boat. Also Read | Putin approves electronic call-up bill, clamps down on Russians who dodge military service Choksi argued in his civil lawsuit that the Attorney General of Antigua and the Chief of Police have a duty to conduct a thorough investigation and that he has a plausible claim that he was subjected to inhuman or degrading treatment or punishment, according to Dominica-based Nature Isle News. According to the court decision, Mehul Choksi cannot be removed from Antigua and Barbuda's territory until the High Court rules after an inter-party hearing and after Mehul Choksi has exhausted all other legal options, 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 Choksi)'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. Also Read | Pentagon leak: US President Biden says investigation will examine why leaker had classified access "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. Earlier, India's Central Bureau of Investigation (CBI) in its statement said that it remains committed to returning fugitives and criminals to India to face the process of criminal justice. "Systematic steps have been initiated in close coordination with foreign law enforcement agencies for geo-locating and return of wanted criminals and economic offenders. In the last 15 months, over 30 wanted criminals have returned to India," it read. Watch | Macron's pension reform gets constitutional green light despite raging protests × According to the CBI, a complaint was filed on February 15, 2018, accusing 63-year-old diamantaire Mehul Choksi and others of cheating the Punjab National Bank. Mehul Choksi and others faced five further criminal cases brought by the CBI in 2022 for bank and financial institution fraud. Earlier in March, Mehul Choksi's name was removed from the Interpol database of Red Notices (RCN). As per reports, Choksi got off the list on the basis of his plea to the Lyon-headquartered agency. Responding on that, CBI said it "continues to exercise available remedial and appellate options within INTERPOL for rectification of this faulty decision and for restoration of Red Notice." "CBI has pointed out that even Antigua authorities consider there is sufficient evidence to substantiate that the applicant concealed material facts or made false representation when he applied for his Antigua and Barbuda citizenship, a fact which reflects on previous conduct of this criminal," it added. Choksi's spokesperson claimed, "The report from the Antiguan police, and the evidence adduced by Choksi in the ongoing High Court proceedings in Antigua, point to an alarming case of state orchestrated kidnap, torture and attempted rendition by the Indian government." "The decision of Interpol to delete the Red Notice strengthens these concerns. Moreover, the preliminary ruling of the High Court in Antigua demonstrates that there is a case to answer for a full investigation. In turn, Choksi has presented a compelling case that the Indian government is behind the orchestrated kidnap from Antiguan territory, the torture of Mr Choksi, and the attempt to render him to India in breach of the international rule of law," he added. WATCH WION LIVE HERE You can now write for wionews.com and be a part of the community. Share your stories and opinions with us here.

Indian fugitive Mehul Choksi cannot be extradited, rules Antigua and Barbuda court

Dominica Prime Minister Roosevelt Skerrit has termed "total nonsense" the claims that his government was involved in alleged abduction of diamantaire Mehul Choksi, wanted in Rs 13,5000 crore scam in Punjab National Bank, from Antigua and Barbuda, neighbouring local media there reported.

In his weekly "annou palay" show, Skerrit said his government will allow the court to carry out its process regarding Choksi and gave the assurance that his rights and obligations will be respected, Dominica News Online reported.

Skerrit refuted the allegations of a plot between India and Dominica government to kidnap Choksi from neighbouring Caribbean country Antigua and Barbuda, where he was staying since 2018 as a citizen, after fleeing from India, and bring him to Dominica, the news portal reported.

"To say that the government of Dominica and the government of Antigua along with India colluded in any way, give me a break, that's total nonsense. We don't get involved ourselves in those kinds of activities, those practices, not at all. I mean that is absurd and we reject it and it is unfortunate that anybody would want to propagate this unsubstantiated claim by a gentleman who is before the courts," he was quoted as saying by Dominica News Online.

He further said "whether it would be fair for a local who commits murder in Dominica and flees to another country, is allowed to roam free or instead be apprehended and sent back to Dominica to face his charges".

Citing the case of a Dominica citizen wanted by the United States whose extradition proceedings are going on in courts to counter opposition on Choksi, Skerrit said the country cannot treat people differently depending on who they are or how much money they may have.

"All of us are subjected to the laws irrespective of our position or how much money we may have or how much we don't have. And I believe that in this circumstanceDominica has a right and obligation to apprehend this person and bring the person before the courts and let the courts determine," he said.

"We here in Dominica with the opposition talking about Choksi but there is a young boy from Grand BayWhere there is an extradition request by the United States government on allegations that he committed a crime in St Thomas and we are mandated and obligated to apprehend him.

"And the police acted on the instruction of the DPP (Director of Public Prosecutions) arrested the young man and he is remanded at the state prison awaiting his extradition hearing. His lawyers will fight his case. If the courts believe that there is no reason to extradite him to the United States then he will go freely," Skerrit said.

Choksi's lawyer in Dominica Justin Simon claimed that United Kingdom's Metropolitan Police, known as Scotland Yard, has started looking into allegations of torture and kidnapping of Choksi as citizens there were allegedly part of the plot, the news site reported.

Simon told media that there will be international implications if Dominica or Antigua turns out to be involved in the alleged plot, it said.

Dominica Prime Minister Roosevelt Skerrit has termed "total nonsense" the claims that his government was involved in alleged abduction of diamantaire Mehul Choksi, wanted in Rs 13,5000 crore scam in Punjab National Bank, from Antigua and Barbuda, neighbouring local media there reported.

Dominica Prime Minister Roosevelt Skerrit has termed "total nonsense" the claims that his government was involved in alleged abduction of diamantaire Mehul Choksi, wanted in Rs 13,5000 crore scam in Punjab National Bank, from Antigua and Barbuda, neighbouring local media there reported. In his weekly "annou palay" show, Skerrit said his government will allow the court to carry out its process regarding Choksi and gave the assurance that his rights and obligations will be respected, Dominica News Online reported. Skerrit refuted the allegations of a plot between India and Dominica government to kidnap Choksi from neighbouring Caribbean country Antigua and Barbuda, where he was staying since 2018 as a citizen, after fleeing from India, and bring him to Dominica, the news portal reported. "To say that the government of Dominica and the government of Antigua along with India colluded in any way, give me a break, that's total nonsense. We don't get involved ourselves in those kinds of activities, those practices, not at all. I mean that is absurd and we reject it and it is unfortunate that anybody would want to propagate this unsubstantiated claim by a gentleman who is before the courts," he was quoted as saying by Dominica News Online. He further said "whether it would be fair for a local who commits murder in Dominica and flees to another country, is allowed to roam free or instead be apprehended and sent back to Dominica to face his charges". Citing the case of a Dominica citizen wanted by the United States whose extradition proceedings are going on in courts to counter opposition on Choksi, Skerrit said the country cannot treat people differently depending on who they are or how much money they may have. "All of us are subjected to the laws irrespective of our position or how much money we may have or how much we don't have. And I believe that in this circumstanceDominica has a right and obligation to apprehend this person and bring the person before the courts and let the courts determine," he said. "We here in Dominica with the opposition talking about Choksi but there is a young boy from Grand BayWhere there is an extradition request by the United States government on allegations that he committed a crime in St Thomas and we are mandated and obligated to apprehend him. "And the police acted on the instruction of the DPP (Director of Public Prosecutions) arrested the young man and he is remanded at the state prison awaiting his extradition hearing. His lawyers will fight his case. If the courts believe that there is no reason to extradite him to the United States then he will go freely," Skerrit said. Choksi's lawyer in Dominica Justin Simon claimed that United Kingdom's Metropolitan Police, known as Scotland Yard, has started looking into allegations of torture and kidnapping of Choksi as citizens there were allegedly part of the plot, the news site reported. Simon told media that there will be international implications if Dominica or Antigua turns out to be involved in the alleged plot, it said.

'Total nonsense': Dominica PM on claims that his government was involved in Choksi's abduction

The Dominican government has reportedly declared fugitive Mehul Choksi as a "prohibited immigrant". The order was issued by the Ministry of National Security and Home Affairs. The development is expected to strengthen India's case.

Dominica declares fugitive Mehul Choksi a 'prohibited immigrant'

Barbara Jarabica&nbsp;whose name has cropped up in the Mehul Choksi case has said that she wasn't present in the area at the time of his alleged kidnapping.&nbsp;

Choksi who is allegedly involved in the multi-crore PNB scam disappeared from Antigua on May 23 only to surface in neighbouring Dominica.&nbsp;

Speaking to WION,&nbsp;Barbara said, "On May 23, Sunday, we went to have breakfast in&nbsp;Carlisle Bay which is a hotel resort in south Antigua and he picked me up in&nbsp;Jolly Harbour", explaining, "we had breakfast and conversation, coffee" and "we came back to Jolly harbour at around 11:30 or 12 o'clock, this was the last time I saw him."

Recalling his conversation, Barbara&nbsp;said, "He said that he is really disappointed, and can't believe that I am leaving Antigua and he was trying to convince me to say but I told him that I will go to the airport in the afternoon, will be going to Dominica and go back to Europe."

Mehul Choksi, 62, in the complaint with the commissioner of police of Antigua and Barbuda had listed Barbara Jabarica along with others to be&nbsp;involved in his alleged "kidnapping" which&nbsp;hasn't been proved yet. In the five-page complaint&nbsp;dated June 2, he said "8-10 heavily muscled men" had taken him from her house at 5.15pm local time.

Barbara, in response to WION's question, said, "around 3 o' clock, I left and went to the airport. He is saying he was kidnapped in the afternoon..its busy time, daytime and busy area and at that time I was going to the airport".

"Why would I kidnap him in the middle of day,&nbsp;in the busiest time like 4 or 5pm", she asked, while questioning, "something does not add up".

In the thirty-minute conversation,&nbsp;Barbara gave details of her contact with Choksi since last August 2020 and said she knew him as "Raj". During the yearlong contact, Choksi had spoken to her many times and also gifted her a diamond ring which turned out to be fake.&nbsp;

Asked if she knew about his past, "now I am finding out, he lied a lot" and " introduced himself as&nbsp;Raj" and "wherever we went, everyone called him "Raj", while pointing out that "if I knew&nbsp;his real background, I would have never hung out with him".

She also clarified that she is not a national of any Caribbean country and is a European.&nbsp;&nbsp;

Barbara Jarabica whose name has cropped up in the Mehul Choksi case has said that she wasn't present in the area at the time of his alleged kidnapping. Choksi who is allegedly involved in the multi-crore PNB scam disappeared from Antigua on May 23 only to surface in neighbouring Dominica.

Barbara Jarabica whose name has cropped up in the Mehul Choksi case has said that she wasn't present in the area at the time of his alleged kidnapping. Choksi who is allegedly involved in the multi-crore PNB scam disappeared from Antigua on May 23 only to surface in neighbouring Dominica. Speaking to WION, Barbara said, "On May 23, Sunday, we went to have breakfast in Carlisle Bay which is a hotel resort in south Antigua and he picked me up in Jolly Harbour", explaining, "we had breakfast and conversation, coffee" and "we came back to Jolly harbour at around 11:30 or 12 o'clock, this was the last time I saw him." Recalling his conversation, Barbara said, "He said that he is really disappointed, and can't believe that I am leaving Antigua and he was trying to convince me to say but I told him that I will go to the airport in the afternoon, will be going to Dominica and go back to Europe." Mehul Choksi, 62, in the complaint with the commissioner of police of Antigua and Barbuda had listed Barbara Jabarica along with others to be involved in his alleged "kidnapping" which hasn't been proved yet. In the five-page complaint dated June 2, he said "8-10 heavily muscled men" had taken him from her house at 5.15pm local time. Barbara, in response to WION's question, said, "around 3 o' clock, I left and went to the airport. He is saying he was kidnapped in the afternoon..its busy time, daytime and busy area and at that time I was going to the airport". "Why would I kidnap him in the middle of day, in the busiest time like 4 or 5pm", she asked, while questioning, "something does not add up". In the thirty-minute conversation, Barbara gave details of her contact with Choksi since last August 2020 and said she knew him as "Raj". During the yearlong contact, Choksi had spoken to her many times and also gifted her a diamond ring which turned out to be fake. Asked if she knew about his past, "now I am finding out, he lied a lot" and " introduced himself as Raj" and "wherever we went, everyone called him "Raj", while pointing out that "if I knew his real background, I would have never hung out with him". She also clarified that she is not a national of any Caribbean country and is a European.

Wasn't present in the area, says Barbara Jarabica on Mehul Choksi's alleged abduction

Fugitive businessman Mehul Choksi disclosed the names of his alleged abductors to Antiguan police. Antigua police have commenced an investigation into the alleged abduction of Choksi from Antigua on May 23.

Fugitive businessman Mehul Choksi discloses names of abductors to Antigua police