Citizenship Rights and Legal Challenges: The Mehul Choksi Saga



By Kwame Nkosi Romeo


The Beginning of Mehul Choksi Thriller



The Government of India Ministry of External Affairs Passport Office, Mumbai, issued a Police Clearance Certificate (PCC) to Mehul Choksi for Antigua and Barbuda on March 16, 2017, on the proof of Choksi's clear Police Verification Report (PVR) viewable on his passport. (Official Spokesperson's response to queries regarding the Police Clearance Certificate issued to Mehul Choksi - August 03, 2018)


In addition, Choksi and his family purchased the Antigua and Barbuda Citizenship by Investment Program (CIP) in November 2017. Subsequently, they departed India for the twin-island nation in early 2018 amid widespread economic crime allegations concerning the India-owned Punjab National Bank (PNB). These inadequate oversights are now proving burdensome for the two countries.


Today, the Antigua Labor Party (ALP) government of prime minister Gaston Browne encounters a global and national dilemma arising from the kidnapping of Antigua and Barbuda Citizen by Investment Program (CIP) recipient Mehul Choksi on May 23, 2021, and landed in Dominica jail on May 25, 2021, is a conspiracy.



The Plot- Choksi Kidnapping and Imprisonment


Beyond question is a crisis implicating the government of Antigua and Barbuda, India, and Dominica, in the alleged plot of arranging a St. Lucia registered 47ft Catamaran boat called Calliope of Arne owned by Hackshaw Boat Charters Ltd used in the kidnapping of Mehul Choksi. This Yacht arrived in Dominica with a battered and bruised Choksi on May 25, 2021. Also, Choksi's abduction is in furtherance of eventual deportation to India. On Friday, May 28, 2021, a chartered Qatar Executive aircraft landed at the Douglas-Charles airport in Dominica to complete the undertaking. Nonetheless, this desired outcome relies on the Dominica High Court ruling since Choksi is a citizen of Antigua and Barbuda and is challenging the exact cause in Antigua and Barbuda High Court.


 Choksi's citizenship rights and legal challenges again expose ALP's endless improbity. Browne's words of innocence are trustless concerning the recent bundling off of Choksi, his arrival, and false imprisonment in Dominica.


Between Sunday, May 23, and the confirmation of Mehul Choksi's imprisonment in Dominica on May 27, 2021, is the timeline of concern. On May 23, at 5:11 pm, Choksi went for dinner within the bounds of Jolly Harbor, and his wife, Priti Choksi, not hearing from him, notified the Antigua law enforcement officer that her husband was missing. Because of this, the government took advantage of the opportunity and the advice of a trusted legal luminary to elicit an Interpol Yellow Notice to capture Choksi. An Interpol Red Notice is already in circulation, so why is another directive needed?


Nevertheless, Priti's foreboding was fitting since the outcome of past incidents involving Antigua and Barbuda citizens corroborated deadly motives. The episode slowly gave substance to people's worst concerns about the ALP government's misinformation concerning Choksi's disappearance in the following days. However, people in opposition to injustice continued in-depth research into the sordid issue, uncovered the plot, and later circulated the Yacht's arrival in Portsmouth, Dominica, on May 25, 2021, with Choksi simultaneously taken captive. (Narrative being woven that my husband absconded: Mehul Choksi's wife by Ashis Ray -Business Standard June 02, 2021)



The Sub-Plot-The Conspiracy to Deport Choksi


After this, more information about the story continued; the Qatar Executive A7-CEE registration flight departed New Delhi on May 27 via Barajas International Madrid, Spain, and arrived at the Douglas-Charles Airport Dominica West Indies on May 28. The flight from Barajas Intl Madrid took 7 hours and 44 minutes. The flight traveled 3,949 miles carrying "An eight-member multi-agency team including the Central Bureau of Investigation (CBI) and the Enforcement Directorate - is in Dominica for Choksi's extradition," according to NDTV. (Mehul Choksi has to be deported to India, Dominica Government tells court)


Choksi would have been in India had it not been for legal luminary Wayne Marsh's interjection, meeting with Choksi, and filing a  Habeas Corpus with the Eastern Caribbean Supreme Court (ECSC). The ECSC is the Organization of East Caribbean Countries (OECS) governing body that consents to the stay on Choksi's deportation. As a result, Wednesday, June 2, 2021, is the precise date of the Dominica High Court hearing on the Choksi trial and the moment of truth.


Currently, Antigua and Barbuda black-eyed Mehul Choksi, ignoring his severe beating by the hands of his abductors in addition to crushing Choksi's human and civil rights. That Choksi is a citizen of Antigua and Barbuda is indisputable. Citizenship paid for through the non-transparent twin-island nation Citizenship by Investment Program (CIP) is dangerous.


Choksi's bruised body tells the true story of his snatching, eyes fiery red and popping out bruised face and hands. These telltale abuses laid bare the ruthless beating is a miscarriage of justice. According to Choksi's lawyer, Wayne Marsh, "His left eye was swollen, and his face was severely bruised. He appeared weak and feeble, and there were several marks on his body. He could barely stand from the mattress on the ground" (Dominica News Online -May 27, 2021 )


That injustice points the finger at the government undertaking this three-way gruesome hush-hush violence that stems from the illegitimate use of authority to intimidate Choksi. This circumstance consists of drama, intrigue, and geopolitical dictate. The mandate of the government of India is straightforward: deliver Choksi.


The conspiracy to deport Choksi becomes evident, but this transparency was not forthcoming by the three governments involved: Antigua, India, and Dominica, the triad of the murky plot. Information about the abduction plans became familiar; a crew of four and a St. Lucia registered 47ft Catamaran boat called Calliope of Arne owned by Hackshaw Boat Charters Ltd. The charter began in St. Lucia with a two-person St. Lucian crew. The crew picked up two government of India associates in Antigua; the team comprised a unit of four added to unwilling hostage Mehul Choksi. Gurmit Singh, a Senior Service Diplomat accredited to the Indian Foreign Service, was a crew member.


The yacht crew and the governments involved knew about the coordinated transfer of Choski to the Dominica Coast Guard vessel PB Lugay that journeyed to Cabrits Cruise Ship (CCS) terminal accomplished quickly before Yacht Calliope of Arne docked at Portsmouth, Dominica. At the same time, the police were notified of Choksi's location and swiftly arrested and imprisoned him upon arrival. 



Absence of The Crew and Trustworthiness of Governance:


Since it was clandestine, Choksi's name was absent from the Yacht Calliope of Arne crew manifest. Dominica officials gave the boat clearance on Monday, May 25, 2021, at Portsmouth, Dominica's port of entry, while Choksi abduction proceeded to Toucari Bay. Most striking are Antigua and Barbuda's absence and lack of inquiry about Choksi's welfare, none from the Foreign Affairs Minister, Attorney General, and the Royal Antigua and Barbuda Police Force (RABPF) Commissioner. I guess the inaction linked to Browne's words concerning Choksi erases all doubts: "We will not accept him back," 


Dominica does not have an extradition treaty with India, so it would be unlawful to accede to India's demand and Browne's callous statement. Still, it challenges the trustworthiness of governance, foreign relations, the legal process, and citizenship liberties. India has extradition treaties with 47 countries except for Antigua and Barbuda but has had an Extradition Arrangement with Antigua and Barbuda since September 17, 2001. (Ministry of External Affairs - Government of India - mea.gov.in )


Then again, prime minister Gaston Browne ordered a citizen of Antigua and Barbuda to be deported within 48 hours of the Qatar Executive flight's arrival in Dominica to transport Choksi to India. India's extradition record is abysmal since poor prison conditions are instances of denial. 

 

According to the UK and EU countries, India's flawed prison system and extradition requests are inextricably linked to the country's human rights. In Soering vs. the United Kingdom, the European Court of Human Rights equated poor prison conditions with "inhuman or degrading treatment." As a result, poor prison conditions are one of the primary reasons for India's extradition requests denial. Similarly, Antigua and Barbuda prison systems are equally bad, with no reform; this inadequacy violates the United Nations Human Rights of overcrowding, poor nutrition, and awful sanitary facilities.  (India's challenges in extradition fugitives from foreign countries by Aarshi Tirkey)

 


Citizenship Rights and the Failure of Leadership


Many CIP recipients are now questioning their rights as Antigua and Barbuda citizens. It's too late to repair the damages done to CIP. Many knew the program was neither transparent nor accountable, and it brought no real benefits to the people, only the politician's pocket.


The landmark Choksi trial hinges on Antigua and Barbuda citizenship rights and kidnapping. Mehul Choksi was brutally beaten, transported to Dominica, and falsely imprisoned, now in difficulty awaiting his fate. Choksi's captivity is in alliance with the authorities' neglect to detain the crew, thereby hindering the investigation. Afterward, the Yacht's agent, Cobra Tours & Yacht Services, supposedly never knew about the yacht's arrival since the Yacht, Calliope of Arne, never booked to perform the secret yacht clearance. "We cannot confirm that Mehul Choksi was ever onboard the vessel because we were not booked by the vessel." Owner of Cobra Tours, Andrew "Cobra" O'Brien, confirmed Dominica authorities belatedly contacted them to facilitate the clearance and most likely protect the conspirators' adventure.  


(Dominica authorities linked to Choksi's alleged kidnapping from Antigua- Mystelics Vlogs)


Who else knows?


The yacht crew and the governments involved.


In a few hours from now, the world will know Choksi's fate. His Antigua-based lawyer, Justin Simon QC, and Vijay Aggarwal in India are optimistic about Choksi's return to Antigua to face pending extradition charges. According to Aggarwal, "...he has a stay in his favor in Antigua, and secondly, I have been informed that his passport is in Antigua..." (Choksi set to appear before Dominica court today- by Shermain Bisque Charles, Antigua Observer, June 2, 2021)


Finally, yet importantly, after traversing three countries in nine days, journeying a distance of 18,466 miles at an estimated cost of  US$2.5 million, the India extradition team was summoned back to New Delhi on Thursday, June 3, 08:09 pm via Madrid, Spain. This cost is separate from the boat charter, airline tickets, accommodations, and officials' payoff. A viral post claims that the kidnapping of Choksi influences the US$25 million palm greasing.

 

Not to mention, US President Joe Biden alluded to the Foreign Corrupt Practices Act (FCPA) of 1977, warning kleptocratic regimes and a network of facilitators that reparative justice is about to happen. (Biden Ramps Up Fight Against Corruption -Dylan Tokar- The Wall Street Journal, June 4, 2021)



What next?


Stay woke!



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