Mehul Choksi, a diamond merchant wanted in India in connection with a fraud over £1.3 billion, cannot be extradited, the Antigua and Barbuda High Court ruled in his favour.
According to Dominica-based media, Choksi has argued in his civil lawsuit that the defendants, 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 the court decision, Choksi cannot be removed from Antigua and Barbuda's territory unless the High Court rules after an interparty hearing and after 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.
"A ruling that the claimant may not be forced to leave Antigua and Barbuda or removed from its jurisdiction without a High Court ruling following an inter partes hearing and subject to the claimant exhausting all appeals or other legal remedies available by law. An order that the second defendant release the statement obtained from the cClaimant by its officers on August 15, 2021," it said.
