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ROSEAU, Dominica (CMC) - The Dominican Government confirmed yesterday that Indian fugitive Mehul Choksi, who fled Antigua and Barbuda earlier this week, had arrived here illegally and could be sent back to the twin-island nation, amid reports that Indian authorities were seeking to have him extradited to face charges there.
A brief statement from the Ministry of National Security and Home Affairs said that Choksi, who has Antiguan citizenship, was detained by law enforcement for illegal entry. However, no details were provided about the circumstances that led to his arrest.
Choksi, who has been fighting extradition in Antigua and Barbuda where he has lived since 2018, had been reported missing on Sunday.
"The Ministry of National Security and Home Affairs is in communication with the authorities of Antigua and Barbuda to ascertain some facts, including the status of his Antiguan citizenship," the ministry's statement said.
"Once the information is provided by the Antigua authorities, possible arrangements will be made for Mr Mehul Choksi to be repatriated to Antigua."
Choksi, 62, who was granted citizenship in Antigua in 2017 under the Citizenship by Investment Programme (CBI), is accused of defrauding India's Punjab National Bank.
The former diamond trader is wanted by the authorities in his homeland for criminal conspiracy; criminal breach of trust; cheating and dishonesty; corruption; and money laundering. A red alert has been issued by Interpol.
On Tuesday, Antigua and Barbuda Prime Minister Gaston Browne said that Choksi has two cases before the courts there - his extradition, which he is fighting, and the revocation of his citizenship.
Browne was quoted by Antigua News Room as saying that Antigua did not want Choksi back.
"We asked them not to repatriate him to Antigua. He needs to return to India where he can face the criminal charges levelled against him," he said. "We will not accept him back. He made a monumental error by skipping the island."
Reports in the international media have indicated that India will use diplomatic channels to get Choksi from Dominica, instead of having him sent back to Antigua.
However, his lawyer Vijay Agarwal has insisted that he can only be legally deported to Antigua and Barbuda because he is no longer an Indian citizen.
"As per Indian Citizenship Act, section 9, the moment Mehul Choksi acquired the citizenship of Antigua he ceased to be a citizen of India. Hence, legally, as per Immigration and Passport Act, section 17 and 23, he can be deported only to Antigua," he told India Today.
"Moreover, there is an Antiguan High Court order restraining processing any request from India. So my understanding is that he has to be sent back to Antigua only, and there is no question of him being sent to India.
"It has to be done legally and it is not a game of chess. We are dealing with a human being and not a pawn that shall be placed here or there, and it cannot be on somebody's desires and whims. Further, as per the universal declaration of human rights, there are international covenants on voluntary repatriation and a person can be deported to only the country of his citizenship," the lawyer added.
Agarwal also questioned how his client ended up in Dominica.
"My understanding is that his reaching Dominica is not voluntary. So I find something fishy that nobody seems to be at the moment looking into... how exactly he reached Dominica," he said.