In a setback to the CBI and the Indian government, INTERPOL had removed the Red Corner Notice issued against fugitive businessman Mehul Choksi, wanted in the Punjab National Bank (PNB) fraud case. Removal of the Red Corner Notice means Mehul Choksi is no longer a wanted man for the INTERPOL. Thus he is free to make international travels by avoiding India. While the CBI had earlier refused to respond to the development, the agency on Tuesday released a statement on the development.
Here is a timeline of Mehul Choksi’s life in hiding as explained by the CBI release:
- A case was registered against Mehul Choksi and others on February 15 2018 for defrauding Punjab National Bank (PNB).
- The CBI filed two charge sheets in the case against wanted criminal Mehul Choksi and others under various Sections of the IPC and the PC Act of 1988.
- Subsequently in 2022, CBI registered five more criminal cases against Mehul Choksi and others for defrauding banks and financial institutions.
- CBI, as National Central Bureau for INTERPOL, issued a diffusion to locate absconding criminal Mehul Chinubhai Choksi in February 2018. The movements of the criminal were tracked by the CBI in close direct coordination with foreign law enforcement agencies. Soon, he was geo-located to Antigua and Barbuda.
- An extradition request against Mehul Choksi was sent through diplomatic channels to the competent authorities of Antigua and Barbuda in August 2018.
- The same year, Choksi approached Commission for Control of INTERPOL’s Files (CCF) making a request for the non-publication of a Red Notice. CCF is a separate body within INTERPOL that is not under the control of the INTERPOL Secretariat and is mainly staffed by elected lawyers from different countries. CCF had studied his request and consulted CBI. The CCF then dismissed the representation of Choksi and INTERPOL published a Red Notice.
- In December 2018, INTERPOL published a Red notice against Choksi at the request of CBI and ED. This was subsequent to the geo-location by the CBI of a wanted criminal and subsequent to the initiation of the extradition request.
- The purpose of a Red Notice issued by INTERPOL 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. Although the primary purpose of the Red Notice was already achieved, the same was retained as a precautionary measure.
- In 2019, Choksi approached Commission for Control of INTERPOL’s Files (CCF) yet again, seeking the removal of a Red Notice from INTERPOL’s website. The CCF had studied his request, consulted CBI and based on inputs and dismissed the plea in 2020.
- Facing possibilities of imminent extradition from Antigua and Barbuda, he approached CCF in July 2022 to revise its earlier decision of 2020. However, it was clarified that the desperate Choksi has been making all possible attempts to derail ongoing extradition proceedings to evade the process of law in India. Thus, based on mere imaginary conjunctures and unproven surmises, a five-member CCF chamber has taken a decision on the deletion of the Red Notice, communicated in November 2022.
- Thereafter, 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 has pointed out that even Antigua authorities consider that 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 the 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 within India. Based on new information and serious errors in the decision, CBI is taking steps for the decision of CCF to be revised.
- 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 the movements of wanted criminals like Mehul Chinubhai Choksi in close direct coordination with foreign law enforcement agencies and not reliant only on INTERPOL channels.
- 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 with INTERPOL.
