Mehul Choksi moves Dominica HC to quash proceedings against him
What's the story
Alleging that his arrest in Dominica for illegal entry was "dictated" by representatives of the Indian government, absconding diamantaire Mehul Choksi has filed a case in the High Court of Roseau, Dominica, seeking to quash the proceedings against him, local media reported. The case was filed against the Immigration Minister of the Caribbean nation, its police chief, and the investigating officer of the case.
Information
Choksi was arrested by Dominican Police on May 23
Choksi, who went missing from Antigua and Barbuda where he had been living since 2018 after his escape from India, was arrested on May 23 in neighboring Dominica for illegal entry. He was declared a prohibited immigrant by the Ministry of Immigration in Dominica.
Details
He alleged that decision to charge him was pressured
The 62-year-old fugitive diamantaire is wanted by the Indian government in connection with the Rs. 13,500-crore Punjab National Bank fraud case. He has approached the High Court in Dominica, alleging that the decision of Lincoln Corbette, Acting Chief of Police in Roseau, and investigating officer Sergeant Alleyne to charge him for illegal entry was "not a product of their independent judgment."
Plea
He said decision to charge him was violative of law
"They (Corbette and Alleyne) allowed themselves to be dictated by third parties, representatives of the Indian government," Choksi alleged. Seeking to quash the proceedings against him, Choksi pleaded before the High Court that the decision to charge him for illegal entry was violative of law and accordingly, null and void, Caribbean media outlet Nature Isle News reported.
Choksi's claims
Choksi claimed that he was forcibly brought to Dominica
Choksi said he is a citizen of Antigua and Barbuda, where he has challenged a move to extradite him. He claimed that he was kidnapped from Antigua and Barbuda and forcibly brought to Dominica by Indian men. Choksi claimed that he had narrated his ordeal to the Dominican Police but they did not launch any investigation into his allegations.
Quote
Here is what Choksi said in the High Court
"The arrest and prosecution of the applicant is an abuse of the process of the court because...police who charged the applicant participated in and/or colluded with the applicant's kidnappers in and/or condoned the forced entry of the applicant into Dominica," Choksi told the court.
Further details
He sought a permanent order staying criminal charge against him
Choksi has sought a permanent order staying the criminal charge brought against him for illegal entry. He has also sought a court order stating that Minister of Immigration and National Security Rayburn Blackmore declaring him an illegal immigrant was a breach of the principles of natural justice, and is accordingly null and void, and of no effect, the website reported.
Information
His lawyers have filed plea in the High Court
Choksi urged the High Court to quash the criminal charges against him under the Immigration and Passport Act. Notably, his lawyers Tuesday told the Magistrate Court, where his case of illegal entry is going on, that they have filed the plea in the High Court.