Mehul Choksi moves Bombay HC, says he is unable to travel; not refusing to travel

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Mehul Choksi’s lawyers argued that when the Dominica court had passed the order, Indian authorities were present and so it will be unfair for them to argue that Choksi is refusing to return to India.

Fugitive India-born businessman Mehul Choksi has moved the Bombay high court urging the court to put the proceeding of declaring him as a ‘fugitive’ economic offender as he is unable to travel at the moment, Bar and Bench reported. The proceeding has been initiated by the Enforcement Directorate before a Mumbai court.

In his application, moved by advocates Vijay Aggarwal and Ayush Jindal, Choksi said that he had been permitted to be treated in Antigua and Barbuda and once he is certified to be fit and capable for travel, he would be required to return to Dominica to face the charges against him. So, it can’t be said that Choksi is refusing to return to India to face criminal prosecution and that he is a fugitive. Choksi also argued that he left India much before the registration of any FIR against him in connection with the multi-crore PNB scam. Because of his medical condition, he is not being able to travel to India, which can not be seen as he is refusing to return to India to face criminal prosecution, he said.

Choksi’s lawyers argued that when the Dominica court had passed the order, Indian authorities were present and so it will be unfair for them to argue that Choksi is refusing to return to India.

Early this year, Mehul Choksi’s mysterious disappearance from Antigua and Barbuda created a storm as India was hoping to extradite the fugitive businessman. He was caught by Dominican police and was allowed to travel to Antigua and Barbuda only on medical grounds. Dominica did not have the facilities required to provide Choksi adequate medical care, the Dominican court said. Choksi will also have to face legal proceedings in Dominica for illegal entry into the country.

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