The Central Bureau of Investigation (CBI) on Tuesday blamed Control of Interpol’s Files (CCF), an independent five-member body that reviews the red notices against fugitives, for withdrawing the global arrest warrant against Mehul Choksi merely on the basis of “imaginary conjunctures” and “unproven surmises”.
It said the agency was exercising remedial and appellate options in Interpol for restoration of Choksi’s red notice and rectification of this “faulty decision”. The CBI added it was in touch with the CCF and other bodies in Interpol to resolve the issue.
Interpol issued the red notice against Choksi, who is wanted in the $2 billion Punjab National Bank fraud, in December 2018. The notice was withdrawn in November last year after Choksi approached CCF in July accusing Indian agents of abducting him from Antigua and Barbuda in May 2021.
The information about the revocation of the notice became public on Monday and HT reported it first. The development allows Choksi to travel anywhere in the world.
“…based on mere imaginary conjectures and unproven surmises, a five-member CCF chamber has taken a decision on [the] deletion of [the] red notice, communicated in November 2022,” CBI spokesman R C Joshi said in a statement on Tuesday.
He said the matter was taken up with the CCF after the removal in November. Joshi pointed out “serious shortcomings, procedural violations, overreach of mandate and mistakes committed by CCF in the manner of reaching this unfounded and perfunctory decision.”
Joshi said since Choksi is facing “imminent extradition” from Antigua and Barbuda, he was creating diversions from the ongoing process “with false claims, concocted dramatic stories and imaginary narratives” by approaching international forums.
The agency said the CCF consulted CBI and the Enforcement Directorate (ED) last year. Joshi said during these consultations, agencies put forth factual situation on the narrative of Choksi saying it was “wholly unsubstantiated and without an iota of evidence.”
“It was clarified that the desperate wanted criminal Choksi has been making all possible attempts to derail ongoing extradition proceedings in Antigua and Barbuda, to evade the process of law in India,” Joshi said.
An official familiar with the developments, who did not want to be named, said CBI director Subodh Kumar Jaiswal travelled to Lyon, France, where Interpol is headquartered, to meet CCF members over the issue.
During a series of meetings with the CCF, CBI pointed out that even Antigua authorities concluded there is sufficient evidence to show Choksi concealed material facts or made false representations while applying for his Antigua and Barbuda citizenship. CBI said it reflects on the previous conduct of Choksi.
The CBI said on Tuesday said CCF subsequently clarified that its decision in no manner has any determination on any guilt or innocence of Choksi for crimes he remains charged with in India.
“CCF has reiterated that it has not established factual certainties and there is no factual finding in their decision that Mehul Choksi will not have [a] fair trial. Based on new information and serious errors in the decision, CBI is taking steps for the decision of CCF to be revised,” Joshi said. He added the CBI was in “active” communication with the CCF and other bodies of Interpol.
The agency said Choksi made similar requests twice in 2019 and 2020 to the CCF after the red notice against him was issued. But his requests were dismissed on both occasions based on inputs and case details the CBI and ED shared.
The CBI emphasised the removal of the red notice does not affect extradition proceedings against Choksi, who was geo-located in Antigua by Indian agencies even before it was issued. India retained the notice as a precautionary measure.
The CBI said the notice is “neither a pre-requisite nor a requirement for extradition proceedings.”
“The Global Operations Centre of CBI continues to closely monitor movements of wanted criminals like Mehul Choksi in close direct coordination with foreign law enforcement agencies and not reliant only on Interpol channels. Extradition request made by India is under active consideration before authorities in Antigua and Barbuda and remains fully unimpacted by red notice related communications with Interpol,” the CBI said.
It noted the agency was “committed to [the] return of fugitives and criminals to India to face [the] process of criminal justice”. In the last 15 months, over 30 wanted criminals have returned to India, it added.
