The INTERPOL had on March 20 withdrawn the Red Corner Notice against Mehul Choksi, which, the sources in the Central Bureau of Investigation (CBI) say, will not have any impact on the extradition proceedings against the fugitive jeweller.
According to a source, the CBI is in active communication with the Commission for Control of INTERPOL’s Files (CCF) and other bodies in INTERPOL on Choksi’s case.
It should be noted that an INTERPOL Red Notice is neither a pre-requisite nor a requirement for extradition proceedings.
The Global Operations Centre of CBI continues to monitor the movements of Choksi in close direct coordination with foreign law enforcement agencies and is not just dependent on INTERPOL channels.
Extradition request made by India is under active consideration before authorities in Antigua and Barbuda and is far from having any impact due to the cancellation of Red Notice against Choksi.
The CBI had registered its first case against Choksi in 2018 for defrauding the Punjab National Bank to the tune of Rs 13,500 crore.
The CBI has already filed two charge sheets in the case against Choksi and others under various sections of Prevention of Corruption Act, 1988. Last year, the CBI registered five more criminal cases against him and others for defrauding banks and financial institutions.
CBI and Choksi
The CBI, as the National Central Bureau for Interpol, had issued a diffusion (a call for cooperation from other member countries) to locate absconding criminal Choksi in February, 2018. The movements of the criminal were tracked by the CBI in close direct coordination with foreign law enforcement agencies. He was geo-located to Antigua and Barbuda. Extradition request against Choksi was sent through diplomatic channels to competent authorities of Antigua and Barbuda in August, 2018.
He then approached the CCF making a request for non-publication of Red Notice the same year. CCF is a separate body within INTERPOL that is not under the control of INTERPOL Secretariat and is mainly staffed by elected lawyers from different countries. CCF had studied his request and consulted CBI. The CCF dismissed representation of Choksi and INTERPOL published a Red Notice.
INTERPOL had only published a Red Notice against Choksi in December, 2018 on request of the CBI and Enforcement Directorate (ED). This was subsequent to geo-location by CBI of a wanted criminal and initiation of extradition request.
The purpose of the Red Notice issued by INTERPOL is to seek location of a wanted person and ultimately their detention, arrest or restriction of movement for purpose of extradition, surrender or similar action. It may be noted that Mehul Choksi was already located prior to publication of INTERPOL Red Notice and steps were also initiated for his extradition. Although the primary purpose of Red Notice was already achieved, the same was retained as a precautionary measure.
While extradition proceedings began against Choksi in Antigua and Barbuda, the latter began creating diversions by approaching several international forums with concocted and imaginary narratives.
In 2019, Choksi again approached the CCF, seeking removal of Red Notice from INTERPOL’s website. The CCF then studied his request, consulted the CBI and based on inputs, again in 2020, dismissed the plea of the wanted criminal.
Facing possibilities of imminent extradition from Antigua and Barbuda, Choksi tried to derail the ongoing extradition proceedings, with false claims, and again approached international forums and CCF in July, 2022 to revise its earlier decision of 2020.
The CCF consulted the CBI and ED on the matter, and the factual situation on the narrative of Choksi being wholly unsubstantiated was put before the CCF. However, a five-member CCF chamber took the decision to remove the Red Corner Notice against Choksi in November, 2022.
The CBI then took up the matter with CCF, and used available remedial and appellate options within INTERPOL to “rectify” the “faulty decision” and restoring the Red Notice. The CBI pointed out that even Antiguan authorities consider there is sufficient evidence to substantiate that Choksi concealed material facts or made false representation when he applied for his Antigua and Barbuda citizenship.
CCF later clarified to the CBI that “its decision in no manner has any determination on any guilt or innocence of Mehul Chinubhai Choksi for crimes he remains charged in India”. The CCF also reiterated it has not established factual certainties and factual findings in their decision that Choksi will not have a fair trial.
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