India cites C’wealth pact to get back Choksi

Smita Sharma

Tribune News Service

New Delhi, August 6

In its ongoing pursuit of fugitive diamond merchant Mehul Choksi, India has now notified an extradition arrangement with Antigua and Barbuda (A&B) under a Commonwealth membership framework.

India doesn’t have an existing bilateral extradition treaty with A&B, which granted citizenship to Choksi in November 2017 under its “Citizenship by Investment Programme”. An Antiguan passport allows Choksi, wanted along with his nephew Nirav Modi in the $2 bn PNB scam, visa-free travel to 132 countries. The Gazette of India on Monday published a Ministry of External Affairs (MEA) notification dated August 3 saying provisions of the Extradition Act, 1962, shall apply to A&B as a Designated Commonwealth Country under provisions of the Extradition Act, 1993, of A&B.

On August 3, an Indian official delegation led by Manpreet Vohra, Additional Secretary in charge of Consular Passport and Visa Division, handed over a formal extradition request to the Gaston Browne government in Antigua. The MEA move comes days after Antigua’s Attorney General Steadroy O Benjamin reportedly apprised his government that under statutory instrument No 34/2001 and Section 7 of the Extradition Act 12/1993, bilateral extradition arrangements existed between A&B and India.

India is party to regional extradition treaties such as London Scheme (Commonwealth Scheme for the Rendition of Fugitive Offenders 1966). This arrangement is, however, less than the treaty status and is non-binding at international law.

“The legal basis for Extradition with States with whom India does not have an Extradition Treaty (‘non-Treaty States’) is provided by Section 3(4) of the Indian Extradition Act, 1962, which says that the Central Government may, by notified order, treat any convention to which India and a foreign state are parties, as an Extradition Treaty made by India with that foreign state providing for extradition in respect of the offences specified in that convention,” says the government’s guidelines for Indian law enforcement agencies for extradition of fugitives.

Prime Minister Browne, while indicating his willingness to cooperate with India on Choksi case, has also made it clear that due process will be followed as it involves his citizen. According to sources, India will have to prepare for a legal fight for Choksi’s extradition similar to one it is fighting in UK courts in relation to liquor baron Vijay Mallya.

New Delhi weighing all options

• The Gazette of India notification says provisions of the Extradition Act, 1962, shall apply to Antigua and Barbuda as a Designated Commonwealth Country
• India is party to regional extradition treaties such as London Scheme (Commonwealth Scheme for the Rendition of Fugitive Offenders 1966)
• This arrangement is, however, less than the treaty status and is non-binding at international law. India doesn’t have a bilateral extradition treaty with A&B, say experts