Mehul Choksi's lawyer Vijay Aggarwal raises alarm over his health; downplays Indian action

Amidst India's constant push for Mehul Choksi's extradition, with the diamantaire currently lodged in the Dominica-China Friendship Hospital, the economic fugitive's lawyer Vijay Aggarwal has downplayed the two affidavits filed by the Indian government in the Dominica High Court. Diminishing the effect of the two affidavits, Choksi's counsel said that the two submissions made by India were in the bail plea, which has been quashed by the Dominica High Court. Aggarwal has claimed that affidavits filed by India are good 'for coffee table talks' and hold no other meaning. 

Speaking to Republic TV on Monday, Choksi's lawyer Vijay Aggarwal said, "These two affidavits had been filed in the bail hearing, the bail has been dismissed. The purpose of these affidavits was not even considered by the court. India has to become a party there. There is no impleadment application by India. Moreover, there are three proceedings at the moment. One is the criminal procedure, in which India cannot be a party conceptually. Second is a habeas corpus, there also India cannot be a party. Third is the bail plea which has been dismissed."

Alleging that India has no locus standi in Mehul Choksi's bail proceedings, Aggarwal added that the Dominica High Court had also dismissed an application seeking dismissal of the bail plea without even deciding on the merit. 

"The court did not consider these affidavits at all because whether Mehul Choksi is a citizen of India or not, how he took Antigua citizenship is not a valid accusation for bail. There is no judicial determination," he said. 

Moreover, holding India responsible for Choksi's alleged abduction from Antigua & Barbuda, Aggarwal claimed that the wanted fugitive's  medical position has worsened because of the alleged torture and that he is 'virtually on his death-bed.'

"What is happening is unprecedented. Not only the filing of affidavits but also this picking up of a person and throwing him away. The chargesheet is not tightening of noose but the just chargesheet after chargesheet. They can keep filing the chargesheet, my client will only remain an accused. They should have rather been content with the first chargesheet and rather fast-tracked the trial," Aggarwal said. 

"Getting Mehul Choksi will not get anyone's money back because the money has already been attached. ED has been swift in seizing Choksi's properties," he concluded.

India pushes for Mehul Choksi's extradition

Along with Nirav Modi, Choksi has been accused of allegedly siphoning off Rs 13,500 crore of public money from the Punjab National Bank (PNB), using letters of undertaking. Owner of the Gitanjali group, a retail jewellery company, Choksi secured the citizenship of Antigua and Barbuda in November 2017 under the aegis of the Citizenship by Investment Programme and fled to the island nation in the first week of January 2018. While India formally sought Choksi's extradition in August 2018, Browne commenced the process of revoking his citizenship on October 14, 2019. 

The Mehul Choksi citizenship issue gained traction again after he was reported "missing" on May 23 after going out for dinner. 4 days later, the Dominican government issued an official statement confirming that the fugitive had been detained for illegal entry into the country. Thereafter, the Antigua and Barbuda PM refused to accept him back and held that the PNB scam accused can be repatriated to India on being declared persona non grata by Dominica.

While the hearing on the habeas corpus petition has been put off till the beginning of July, Magistrate Candia Carrette-George of the Rouseau Magistrate court denied Mehul Choksi bail. Though he is technically in police custody, he is presently admitted to the Dominica China Friendship Hospital. Meanwhile, the Dominican High Court judge Wynante Adrien-Roberts rejected the bail plea deeming him a "flight risk".