Call to withdraw Mehul Choksi's name from Interpol Red Notice list was taken in October 2022

Mehul Choksi in May 2022. Choksi had fled India in January 2018 facing allegations of defrauding Punjab National Bank along with his nephew Nirav Modi to the tune of Rs 13,000 crore. (Photo courtesy Danish Khan)

If there’s one case of extradition request from New Delhi that has a heady mixture of interest, intrigue and controversy, it is that of diamantaire Mehul Choksi. Choksi’s case has plenty of action, both inside and outside courts, unlike others including Nirav Modi and Vijay Mallya, where the focus largely remained on court proceedings. While his extradition case in Antigua has not moved much, Indian agencies have already suffered a setback with the Interpol deciding to cancel the Red Notice against him.

Though Choksi is based in Antigua, his case reverberated even in London where earlier the Scotland Yard, and now the National Crime Agency (NCA) is reportedly involved in probing the alleged involvement of UK nationals in his kidnapping and forcible removal to the neighbouring Dominica in May 2021. Choksi has alleged that New Delhi had orchestrated his kidnapping with the ultimate plan to bundle him off to India.

Considering that few journalists continued to receive periodic updates on the Choksi case from PR and law firms based in London, there was always an unstated anticipation of a major development. As matters stand now, Choksi has gained an upper hand based on developments on two fronts – the withdrawal of the Red Notice by Interpol, which actually happened in October 2022; and a more recent favourable ruling by the High Court of Justice of Antigua and Barbuda.

Behind both these developments, among others, are two key people, Edward Fitzgerald, KC, and his junior Graeme Hall. Most of the big-ticket extradition cases in London, inevitably feature Fitzgerald representing the requested persons. From Wikileaks editor Julian Assange to Pakistani billionaire Arif Naqvi, and from Nirav Modi to alleged drug lord Asif Hafeez, all of them have been represented by Fitzgerald.

The case against Choksi

Mehul Choksi fled India in January 2018 facing allegations of defrauding Punjab National Bank along with his nephew Nirav Modi to the tune of Rs 13,000 crore. While Modi surfaced in London, Choksi sought refuge in Antigua and Barbuda where he took citizenship. Choksi had unsuccessfully opposed the CBI’s application seeking a Red Notice from the Interpol which was issued in October/November 2018.

The tide turned for Choksi when he mysteriously appeared in Dominica in May 2021. He was formally charged with illegal entry, but his legal team shared photos and videos of him being forcibly taken to Dominica in a vessel. Choksi said he was tied to a wheelchair and repeatedly beaten by individuals who he claimed were sent by the Indian government.

In London, his lawyer Michael Polak approached the Scotland Yard saying that a probe was necessary into the alleged involvement of UK nationals who had kidnapped Choksi from Antigua to bring him to Dominica. Another point made by Polak was that the final appellate court for his extradition case would be the Privy Council in London, as he was a citizen of Antigua, which wouldn’t be the case if the proceedings were to be held in Dominica. This had the potential, he alleged, of Choksi getting a raw deal.

A team from India had camped in Dominica, but due to the circumstances of Choksi’s disappearance from Antigua and the widespread media coverage that ensued, it had to return empty-handed. The courts were seized of the matter. Choksi remained in prison for close to two months after which he managed to return to Antigua, but his legal team continued the spadework. Charges of illegal entry to Dominica were ultimately dropped.

Mehul Choksi being taken to the Dominica magistrates' court in a wheelchair on June 4, 2021. (Photo: AP)

Setback to Indian agencies

With the possible help of private detectives, Choksi’s team identified certain individuals which included a Hungarian woman Barbara Jarabik, who was initially spoken of as Choksi’s girlfriend, to be behind the kidnapping. It was clear though that Choksi knew Jarabik.

Ultimately, the Antiguan police named Barbara Jarabik, Gurdip Bath, Gurmit Singh, Gurjit Bhandal and Leslie Farrow-Guy as being behind the kidnapping. Choksi’s legal team then opened two fronts for a pushback. They approached the Interpol to cancel the Red Notice, and also knocked on the doors of the High Court of Justice of Antigua and Barbuda seeking a direction that the Antiguan police was duty-bound to conclude the investigation into the kidnapping.

The first victory came in the form of Interpol cancelling the Red Notice, issued by the Indian government, in October 2022. The Interpol concluded that there is a “credible possibility” that Choksi’s abduction from Antigua to Dominica “had the ultimate purpose” of him being deported to India. Moneycontrol learns that this conclusion was arrived at after hearing submissions from both India and Choksi’s legal team.

Then in November 2022, Fitzgerald appeared before the High Court in Antigua following which, by a ruling on 3 March 2023, the court dismissed the application of the Antiguan Attorney General and Commissioner of Police which had sought that Choksi’s claim seeking an effective investigation into his kidnapping must be dismissed. On Monday evening, Fitzgerald told me both the rulings – by the Interpol and the High Court in Antigua – were significant.

What next

In June 2021, the Antiguan police had in its report mentioned that “the plethora of real and circumstantial evidence makes it clear that a case of kidnapping with broad collusion among multiple conspirators exists.” Now, the ruling by Justice Robertson of the High Court of Antigua might perhaps force the police to redouble their efforts in the kidnapping case. How far they'll go, only time will time; but all these developments will clearly have a bearing on the extradition case, which hasn’t anyway really proceeded much.

The triumphant note in a statement by Choksi’s spokesperson is difficult to miss: "The report from the Antiguan police, and the evidence adduced by Mr 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, Mr 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."

Meanwhile, the cancellation of the Interpol Red Notice means Choksi can technically travel outside Antigua without the fear of getting arrested. If that is the case, then he must consider making a trip to London to visit his nephew and co-conspirator Nirav Modi who continues to remain in prison since his arrest in March 2019 with hardly any family visit.