India reiterates Commonwealth-based extradition treaty with Antigua; paves way for Mehul Choksi's deportation

In a massive step forward in India's endeavour to bring back fugitive absconding fraud-accused Mehul Choksi, the Ministry of External Affairs has confirmed that India does indeed have an extradition treaty with Antigua and Barbuda where Choksi is now a citizen.

The MEA has issued an order which states:

"In exercise of the powers conferred by sub-section (1) of section 3 of the Extradition Act, 1962 (34 of 1962), the Central Government hereby directs that the provisions of the Extradition Act, 1962, other than Chapter III, shall apply with respect to Antigua and Barbuda with effect from the date of notifying India as a Designated Commonwealth Country under the provisions of the Extradition Act, 1993 (12 of 1993) of Antigua and Barbuda, by Statutory Instrument No. 34 of 2001 dated the 17th September, 2001."

 

The reiteration of the extradition pact comes hot on the heels of a team of the MEA led by Manpreet Vohra meeting top-level officials in Antigua and Barbuda and filing a formal request to extradite PNB-bank fraud-accused Choksi. In the absence of a formal bilateral treaty, India was informed that extradition could still take place as both countries are members of the Commonwealth of Nations. It is this that the MEA's gazette notification addresses.

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Here's a formal news statement from the Ministry of External Affairs regarding the development:

We have seen media reports about a new extradition agreement with Antigua and Barbuda. 

The report is incorrect. As per the provisions of the Extradition Act, 1993 of  Antigua and Barbuda, a fugitive may be extradited to a Designated Commonwealth Country or a State with which there are general or special arrangement or a bilateral treaty. The Government of Antigua and Barbuda notified India as a designated Commonwealth country in 2001. 

The gazette notification on 3 August 2018 directs that the provisions of Extradition Act, 1962 shall apply with respect to Antigua and Barbuda with effect from 2001 i.e. when  Antigua and Barbuda notified India as Designated Commonwealth Country under the provision of its own Extradition Act. 

These notifications constitute an extradition arrangement between India and Antigua and Barbuda under their Extradition Act of 1993 and provides the legal basis for extraditing offenders from each other's jurisdiction.

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Republic TV had been the first to reveal, via no less than the Prime Minister of Antigua and Barbuda, Gaston Browne, that Mehul Choksi had become a citizen of the Caribbean nation. Antigua's Prime Minister had said that during the time of conducting due diligence on Choksi's citizenship application, that took place under the Citizenship by Investment route that no derogatory reports on him had been received and that the appropriate notices from India hadn't yet been issued.

On Saturday, the Mumbai Police admitted that a police verification certificate was issued to Choksi in 2017 as no "criminal antecedents" were found against him at the time of the application.

A day before that, market regulator SEBI had denied receiving a request by Antigua regarding Choksi.

In a sensational twist, Choksi's lawyer had also revealed that his client had a loose alliance with the Congress.