India approaches Dominica HC, seeks to be impleaded as a party in Mehul Choksi case

New Delhi - Indian investigation agency likely to focus on establishing criminal culpability of fugitive diamantaire

India has approached the Dominica High Court seeking to be impleaded as a party in the case filed by lawyers of absconding businessman Mehul Choksi whose bail was rejected by the High Court after a five hour long hearing, sources said in Delhi.

The CBI and External Affairs Ministry have sought to implead in the Habeas Corpus matter, which seeks return of Choksi to Antigua and Barbuda, by filing two affidavits in Dominica High Court, officials said here.

The central agency is likely to focus on establishing criminal culpability of Choksi, his fugitive status, pending warrants against him, Red Notice and charge sheets while the External Affairs Ministry will argue that Choksi continues to be an Indian citizen, they said.

The affidavits, if admitted by the High Court, will pave way for noted lawyer Harish Salve to plead India’s case in Dominica, they said.

On Friday, Dominica High Court, in a separate matter, had denied bail to Choksi calling him a flight risk after a five-hour-long court proceeding through video conferencing.

Justice Wynante Adrien-Roberts ruled that “the court cannot impose any condition that will assure Choksi will not abscond,” Dominica News online reported from the island country.

Choksi’s lawyers vehemently sought bail arguing that allegations of “illegal entry” should be discarded because as “a Caribbean Community (CARICOM) citizen, he is entitled to such benefits since his allege offense is not of a serious nature”, the report said.

The team was ready for stringent bail conditions to be imposed by the High Court besides offering “any amount” for bail set by the Court, it said.

The counsels also cited poor health condition to argue that he was not a flight risk.

Dominica government’s legal team led by the acting Director of Public Prosecution (DPP) Sherma Dalrymple cited pending Interpol Red Notice, extradition proceedings in the Antiguan court as reasons which could see Choksi fleeing the island nation.

In her judgement, Justice Adrien-Roberts agreed with the prosecution and denied bail but allowed Choksi to approach the court for bail at a later stage.

Justice Roberts said the accused does not have enough ties in Dominica to not flee, the Dominica News Room reported.