The repatriation of fugitive Mehul Choksi has been halted by a Dominica court after Choksi’s legal team filed a habeas corpus petition, claiming that he was denied legal rights and was not allowed to meet his lawyers at first, according to local media. The case will be heard again on May 28 at 9 a.m. local time. This comes after Dominica’s acting police chief, Lincoln Corbette, told Hindustan Times that the fugitive businessman wanted in India in the multibillion-dollar PNB fraud would be repatriated to Antigua rather than India.
An arrested person must be brought before a judge under a habeas corpus petition in order to be released “unless lawful grounds for their detention are shown.” Choksi’s Dominica lawyer, Wayne Marshe, described the situation as a “travesty of justice,” claiming that Choksi is entitled to legal representation regardless of where he lives.
Choksi’s Indian lawyer, Vijay Aggarwal, said his client was picked up by several people from Jolly Harbour, where his car was discovered after his sudden disappearance, and taken to Dominica.
Antiguan Prime Minister Gaston Browne said he asked Dominica to hand Choksi over to India directly after he was apprehended in Dominica. However, the legality of this was questioned in the absence of an extradition agreement between India and Dominica.
Dominica is not one of the 58 countries with which India has extradition treaties or agreements, whereas Antigua and Barbuda is one of them. In such cases, it is up to local authorities to decide where a fugitive will be repatriated.
