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Mehul Choksi granted bail, to go back to Antigua

Bail granted on medical grounds, said Choksi’s lawyer Vijay Aggarwal; bail plea was supposed to be heard on 23 July

IANS | New Delhi | July 13, 2021 1:36 pm

Mehul Choksi granted bail, to go back to Antigua

IANS

Fugitive diamantaire Mehul Choksi, wanted in India in Rs 13,500-crore Punjab National Bank fraud case, was allowed to travel back to Antigua and Barbuda after he was granted bail by a Dominica High Court.

The latest court order comes as a setback for Indian agencies that had moved court in Dominica to get Choksi repatriated to India.

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Choksi’s lawyer Vijay Aggarwal, said, “Yes, Choksi has been granted bail on medical grounds.”

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He said, “Dominica courts finally upheld the rule of law and rights of a human to be treated in the medical facilities of his choice. And all attempts by various agencies did not bear fruits. There is a solace in saying that all clever foxes end up as fur coats.”

The court has asked Choksi to deposit Eastern Caribbean dollars 10,000 (around Rs 2.75 lakh) as surety for the bail.

His legal team approached the Dominica high court last week seeking relief on the ground that his health was deteriorating and he needed urgent medical attention.

Justice Abroad’s Director and London-based international barrister Michael Polak is acting for Choksi as part of his legal team said, “The High Court of Dominica granted Choksi bail so that he can return to Antigua for medical treatment and adjourned his judicial review application and the criminal proceedings against him for unlawful entry.”

He said that Choksi is suffering from a number of ailments including cerebrovascular disease, coronary artery disease, congestive heart failure, and blood dyscrasias.

He is also suffering from a subdural haematoma, the collection of blood between the skull and the surface of the brain.

“Dominican doctors expressed concern that Choksi’s current health problems are serious and reported that he is in need of the urgent medical assistance of a Neurologist and Neurosurgical Consultant and that this care is not available in Dominica,” Polak said.

Polak said, “We are very pleased that the Dominican Court has made the principled and humanitarian decision to release Mr Choksi so that he can access specialist medical care in Antigua.”

He stated that Choksi has been through a very difficult few weeks and has been subject to an ordeal which has had a detrimental effect on him physically. “It is the right outcome that he be able to return to Antigua, where he can access the medical attention that he requires and be with his family,” he added.

Choksi’s bail plea was supposed to be heard on 23 July but was heard on 12 July on medical grounds.

His lawyers had moved the court pleading that he was suffering from a neurological disorder for which he needed treatment in Antigua.

The bail order comes amid allegations from Choksi’s family and lawyers that the jeweller was abducted from Jolly Harbour area of Antigua by agents of Indian agencies and forcibly taken to Dominica on 23 May.

Choksi is facing a case of extradition in Antigua on India’s request.

Choksi had gone missing on 23 May from Antigua and Barbuda, sparking a massive manhunt. He was later captured in Dominica where he faced charges of entering the country illegally.

Choksi had filed a case in the high court of Dominica, seeking to quash the proceedings against him alleging that his arrest was “dictated” by representatives of the Indian government.

The case was filed against the Immigration Minister of the Caribbean nation, its police chief and the investigating officer of the case.

Choksi pleaded that the decision to charge him for illegal entry violated the law and, accordingly, was null and void.

Choksi’s lawyer had alleged that their client was kidnapped and forcibly taken to Dominica.

Choksi is wanted in India by the CBI and the ED.

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# India

The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010. A division bench comprising Justice Raja Vijayaraghavan and Justice P V Balakrishnan suspended Nasar’s sentence and granted conditional bail to him after considering his appeal against the NIA court’s conviction in the case Considering the prolonged detention and citing the potential for trial delays, the court suspended Nasar’s sentence and granted conditional bail, taking into account that some co-accused with similar allegations had already been released after serving shorter terms. The court noted that he had already spent nine years in jail and that delays in resolving appeals could justify suspending a convict’s prison term. It also observed that other accused in the case had received lesser sentences and had already been released after serving their terms. “The applicant has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored. Additionally, the appeals filed by the NIA against the findings of the learned Sessions Judge are being considered in separate appeals, which have not yet been taken up. “There is also the likelihood of delay, as the prime accused has surrendered, and the learned Sessions Judge may have to take up the trial and dispose of it in accordance with the law and some of the original records may be required for that purpose. In view of these facts and circumstances, we are of the considered opinion that the sentence imposed on the applicant can be suspended pending the consideration of the appeal.” The court said The court, however, imposed strict conditions for Nasar’s bail. He is not supposed to provide a bond of Rs 1 lakh with two sureties, refrain from leaving the country without the court’s permission, avoid interfering with the trial or witnesses, and not commit similar offences while on bail The gruesome incident dates back to July 4, 2010, when Joseph, a professor at Newman College, Thodupuzha, was returning from Sunday mass with his family, members of the now-banned Popular Front of India (PFI) attacked him, allegedly in retaliation for a question paper he set, which contained a passage that they claimed insulted Prophet Mohammed was derogatory. His right hand was chopped off in this attack. Nasar was accused of playing a critical role in the attack. Investigations revealed his involvement in recruiting gang members, assigning specific tasks, collecting funds, procuring communication devices, and maintaining communication links with key conspirators.

The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010.