Mumbai: The CBI on Tuesday called Interpol’s decision to remove Mehul Chinubhai Choksi, the fugitive co-mastermind of the Rs12,500 crore Punjab National Bank scam, from its RCN (Red Corner Notice) list “faulty, unfounded, based on conjectures and surmises and an overreach of mandate”.
The agency said it will appeal against the decision to get the RCN restored.
The decision to remove Choksi from the list was taken by a five-member chamber of CCF (Commission for Control of Interpol’s Files).
“The CCF is a separate body within Interpol that is not under the control of Interpol Secretariat and is mainly staffed by elected lawyers from different countries,” the CBI said.
The CCF’s decision was communicated to the CBI in November 2022
Interpol’s action was in response to Choksi’s representations to it against the RCN against him, based on his contention that in May 2021, he had allegedly been abducted from Antigua and Barbuda, and brought to Dominica, about 100 miles away, in a bid to take him to India, sources said.
“It was clarified that the desperate wanted criminal, Mehul Chinubhai Choksi, has been making all possible attempts to derail the ongoing extradition proceedings in Antigua and Barbuda, to evade the process of law in India. However, based on mere imaginary conjectures and unproven surmises, a five member CCF chamber has taken a decision on deletion of Red Notice, communicated in November, 2022,” the CBI said.
“Thereafter, the CBI has taken up with CCF the serious shortcomings, procedural violations, overreach of mandate and mistakes committed by CCF in the manner of reaching this unfounded and perfunctory decision. The CBI continues to exercise available remedial and appellate options within Interpol for rectification of this faulty decision and for restoration of Red Notice,” the agency said.
It pointed out that the CCF had twice rejected Choksi’s pleas against the RCN when he approached it in 2018 and 2019
“The extradition request made by India is under active consideration before authorities in Antigua and Barbuda and remains fully unimpacted by Red Notice-related communications withInterpol. The CCF has subsequently clarified to the CBI that its decision in no manner has any determination on any guilt or innocence of Choksi for crimes he remains charged with in India,” the agency said.
“It may be noted that an Interpol Red Notice is neither a prerequisite nor a requirement for extradition proceedings. The Global Operations Centre of CBI continues to closely monitor movements of wanted criminals like Choksi, in close direct coordination with foreign law enforcement agencies and not reliant only onInterpol channels... In the last 15 months, over 30 wanted criminals have returned to India.
“The CBI has pointed out that even Antigua authorities consider there is sufficient evidence to substantiate that the applicant concealed material facts when he applied for his Antigua and Barbuda citizenship, a fact that reflects on previous conduct of this criminal,” the agency said.
The CBI, as India’s National Central Bureau for Interpol, had issued a diffusion notice to locate Choksi in February 2018. In August 2018, India made its extradition request for him, after determining his presence in Antigua and Barbuda by geo-locating him there. The Interpol had issued the RCN against him in December 2018. The purpose of a Red Notice is to seek the location of a wanted person and to seek their detention, arrest or restriction of movement for purpose of extradition, surrender or similar action.
A case was registered against Choksi and others on January 15, 2018, for allegedly defrauding the PNB. The CBI has already filed two charge-sheets in the case against Choksi and others, including those related to criminal conspiracy, criminal breach of trust and cheating. Subsequently, in 2022, the CBI registered five more criminal cases against Choksi and others for defrauding banks and financial institutions.
Choksi’s lawyer Vijay Aggarwal told FPJ on Monday: “Because of the efforts of the legal team and the genuine claim of kidnapping of my client, and as this kidnapping attempt is not approved by the international community, the RCN issued against my client, Mehul Choksi, by Interpol has been removed. Ultimately, the truth has prevailed.”
