EXTRADITION POLICY WITH REFERENCE TO MEHUL CHOKSI CASE

WHAT IS EXTRADITION?

What happens to people who commit crimes in one state and then flee to another state? What about individuals who commit crimes in the United States and then escape to other countries? Do these criminals just get away with their crimes because they left the jurisdiction where the crimes were committed? The simple answer most of the time is 'no', thanks to the concept of extradition.

It its simplest form, extradition is the act of one governmental authority formally turning over an alleged criminal to another governmental authority for prosecution for a criminal charge. Generally, extradition happens between two states or two countries.

Extradition Between States

The legal concept of extradition was created by the Extradition Clause of the Constitution of the United States of America, found in Article IV, Section 2. Specifically, the Extradition Clause states that if a person commits a crime in one state and then flees to another state, then if the state where the crime was committed demands the criminal's return, the state where he was found must return him to the state where the crime was committed.

The rules and procedure for extradition can be found in the Federal Code of Laws at 18 U.S. Code Chapter 209. In order to be extradited, states must follow the following rules:

1. Demand made by an executive authority to the state where the fugitive fled
2. Provide a copy of the indictment or an affidavit with the demand
3. The indictment must be for treason, felony or other crime
4. The documents must be certified by the governor or chief magistrate of the state where the crime was committed
5. The state where the fugitive has fled must arrest the fugitive and notify the state demanding return of such arrest
6. The agent of the executive authority who requested extradition must appear to receive the fugitive within 30 days of the date of arrest

Extradition between countries is governed by treaties. Generally, extradition is limited to specific crimes listed in the applicable treaty.

EXTRADITION POLICY WITH REFERENCE TO THIS CASE

The case of Mehul Choksi, the diamond merchant who escaped an investigation into the 13,500 Rs crore PNB loan fraud scam by taking citizenship of the Caribbean islands of Antigua and Barbuda, is at the centre of attention given events of the past month.

After going missing for a few days at the end of May from Antigua, Choksi appeared in Dominica, was taken into custody by police for illegal entry, and has been held there since.

He also showed bruises he sustained during what he says was an abduction by two “Indians” along with a woman who fraudulently befriended him. Those charges are now being investigated in Antigua.

What the government really hopes is that the Dominican government will deport him to India directly, something the Antiguan government wants as well.

In fact, although the government has not admitted it, it is believed that an 8-member team of India diplomats, consular and investigation officials landed in Dominica at the start of the hearing on board a Qatar Airways executive jet, to deliver documents to the court, and perhaps to take Choksi home, but as the case dragged on, the team returned to Delhi empty handed.

People familiar with developments said on condition of anonymity that several complex legal issues will decide the case of Choksi, a key accused in bank fraud cases involving the Punjab National Bank, including legal remedies available to him in Dominica.

While India has an extradition arrangement with Antigua and Barbuda, Dominica isn’t among the 58 countries with which New Delhi has either extradition treaties or arrangements.

Indian authorities are in touch with their counterparts in Antigua and Barbuda and Dominica to press for Choksi speedy repatriation. In cases involving countries with which India doesn’t have an extradition arrangement, the repatriation of fugitives largely depends on decisions made by local authorities, the people said. Such decisions are influenced by the legal remedies available under local laws to the fugitive and assurances given by India regarding the treatment of the fugitive

Browne has told the media that Antigua doesn’t want Choksi to be sent back and that it would prefer for him to be directly repatriated from Dominica to India. He also contended that Choksi had made a “monumental error” by travelling to Dominica as this had prejudiced the constitutional and legal protections enjoyed by him as an Antiguan citizen.

The position adopted by Browne is understandable as Antigua has been trying for the past few years to revoke the citizenship obtained by Choksi under the country’s Citizenship by Investment Program (CIP). The programme, launched in 2013, allows wealthy foreign investors to acquire citizenship by making an economic contribution of $130,000 or a real estate investment of $200,000.

Choksi, who allegedly cheated the Punjab National Bank of ₹13,578 crore along with his nephew Nirav Modi, gave up his Indian citizenship and surrendered his passport after obtaining Antiguan citizenship. Browne had last year described Choksi as a “crook” and said he would be repatriated to India after he exhausted his appeals against the move to revoke his citizenship.

Extradition is only one of five ways a State like India can pursue with a fugitive:

• 1. Deportation or Expulsion- convince the host country to send the fugitive back themselves as a sovereign decision, this has been done in some famous terror cases from UAE, Saudi Arabia, Bangladesh and Nepal
• 2. Surrender- convince the fugitive to return of their own volition by offering leniency or even threats
• 3. Abduction- this is done stealthily, and often with the tacit complicity of the host government, so as not to threaten their territorial sovereignty. While such cases are many, they are for obvious reasons, not publicized, as they are illegal in international law. Israel’s Mossad agency had a special unit for Nazi hunters who brought some like Eichmann back to stand trial.
• 4. Killing- these are even less publicized, but the famous was the US hunt for Osama Bin Laden, wanted for the September 11 attacks

INSIGHTS

Even as a private jet from Qatar landed in Dominica with documents related to fugitive businessman Mehul Choksi, wanted in the PNB loan fraud case, sources on Tuesday said members of the Central Bureau of Investigation, Enforcement Directorate and Ministry of External Affairs are camping in the island nation.

According to informed sources, an eight-member team from India reached Dominica on Saturday afternoon in a private jet that left from New Delhi on Friday evening.

The sources said that two members each from MEA, CBI and ED along with two CRPF commandos were in Dominica for the hearing in the Choksi extradition matter scheduled on June 2.

The source said that the officials of the CBI and ED from Mumbai zone were called on Friday to the national capital, who then boarded the private jet for Dominica.

However, senior officials of the CBI and ED remained tight-lipped on the number of officials sent to Dominica for Choksi case hearing.

 Antigua and Barbuda Prime Minister Gaston Browne also confirmed that a private jet has landed in Dominica with certain documents related to Choksi who was involved in a multi-million-dollar bank scam in India.