The CBI has requested that the Commission for Control of Interpol's Files (CCF) reinstate the Red Notice against fugitive diamantaire Mehul Choksi, who is wanted in connection with a Rs 13,000 crore bank fraud at Punjab National Bank, according to a statement issued by the agency.
The Red Notice is the highest level of alert issued by Interpol to law enforcement agencies worldwide to locate and arrest a person pending extradition, surrender, or similar legal action.
On the request of the CBI and Enforcement Directorate, Interpol issued a Red Notice against Choksi in 2018.
CBI's response
Responding to it, the CBI said that on February 15, 2018, a case was registered against Mehul Choksi and others for defrauding Punjab National Bank. CBI has already filed two charge sheets in the case against wanted criminal Mehul Choksi and others u/s 120-B r/w 409, 420, 477A, 201 IPC and Sec. 7 & 13(2) r/w 13(1)(c)&(d) of PC Act, 1988. Subsequently in 2022, CBI registered five more criminal cases against Mehul Choksi and others for defrauding banks and financial institutions.
The CBI, as the National Central Bureau for INTERPOL, had issued a diffusion to locate absconding criminal Mehul Chinubhai Choksi in February 2018. The movements of the criminal were tracked by CBI in close direct coordination with foreign law enforcement agencies and he was geo-located to Antigua and Barbuda. Extradition request against Mehul Chinubhai Choksi was sent through diplomatic channels to competent authorities of Antigua and Barbuda in August, 2018.
In 2018, wanted criminal Mehul Chinubhai Choksi approached the Commission for Control of INTERPOL’s Files (CCF), making a request for the non publication of the Red Notice. 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. CCF had studied his request and consulted CBI. CCF dismissed the representation of Mehul Chinubhai Choksi, and INTERPOL published a red notice.
INTERPOL had only published a Red Notice against wanted accused Mehul Chinubhai Choksi in December 2018 at request of the CBI and ED. This was subsequent to the geolocation of wanted criminals and the initiation of an extradition request. The purpose of a Red Notice issued by INTERPOL is to seek location of a wanted person and to seek their detention, arrest or restriction of movement for purpose of extradition, surrender or similar action. It may be noted that Mehul Chinubhai Choksi was already located prior to publication of INTERPOL Red Notice and steps also initiated for his extradition. Although the primary purpose of Red Notice was already achieved, the same was retained as a precautionary measure.
As the Extradition proceedings against wanted criminal Mehul Chinubhai Choksi were proceeding in Antigua and Barbuda, to create diversions, the subject Mehul Chinubhai Choksi had been approaching various international forums with fully concocted and imaginary narratives. In 2019, wanted criminal Mehul Chinubhai Choksi again approached Commission for Control of INTERPOL’s Files (CCF) seeking removal of Red Notice from INTERPOL’s website. CCF had studied his request, consulted CBI and based on inputs, again in 2020, dismissed the plea of wanted criminal Mehul Chinubhai Choksi.
Facing possibilities of imminent extradition from Antigua and Barbuda, wanted criminal Mehul Chinubhai Choksi again with a view to create diversions from the ongoing process and derail the ongoing extradition proceedings, with false claims, concocted dramatic stories and imaginary narratives approached various international forums and also approached CCF in July, 2022 to revise its earlier decision of 2020. CCF consulted CBI and ED on the matter and the factual situation on the narrative of wanted criminal Mehul Chinubhai Choksi being wholly unsubstantiated and without an iota of evidence were put forth to the CCF. It was clarified that the desperate wanted criminal Mehul Chinubhai Choksi has been making all possible attempts to derail ongoing extradition proceedings in Antigua and Barbuda, to evade the process of law in India. However, based on mere imaginary conjunctures and unproven surmises, a five member CCF chamber, has taken a decision on deletion of Red Notice, communicated in November, 2022.
Thereafter, CBI has taken up with CCF the serious shortcomings, procedural violations, over reach of mandate and mistakes committed by CCF in the manner of reaching this unfounded and perfunctory decision. CBI continues to exercise available remedial and appellate options within INTERPOL for rectification of this faulty decision and for restoration of Red Notice. CBI has pointed out that even Antigua authorities consider there is sufficient evidence to substantiate that the applicant concealed material facts or made false representation when he applied for his Antigua and Barbuda citizenship, a fact which reflects on previous conduct of this criminal.
CCF has subsequently clarified to CBI that its decision in no manner has any determination on any guilt or innocence of Mehul Chinubhai Choksi for crimes he remains charged in India. CCF has reiterated that it has not established factual certainties and there is no factual finding in their decision that Mehul Chinubhai Choksi will not have fair trial. Based on new information and serious errors in the decision, CBI is taking steps for the decision of CCF to be revised.
CBI remains in active communication with CCF and other bodies in INTERPOL in an ongoing process relating to this case.
It may be noted that an INTERPOL Red Notice is neither a pre requisite nor a requirement for extradition proceedings. The Global Operations Centre of CBI continues to closely monitor movements of wanted criminals like Mehul Chinubhai Choksi in close direct coordination with foreign law enforcement agencies and not reliant only on INTERPOL channels. Extradition request made by India is under active consideration before authorities in Antigua and Barbuda and remains fully unimpacted by Red notice related communications with INTERPOL.
CBI remains committed to return of fugitives and criminals to India to face process of criminal justice. Systematic steps have been initiated in close coordination with foreign law enforcement agencies for geo-locating and return of wanted criminals and economic offenders. In the last 15 months, over 30 wanted criminals have returned to India.
