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Choksi Claims ‘Abuse of Process’, Moves Dominica HC to Quash Proceedings Against Him

File photo of Mehul Choksi.

File photo of Mehul Choksi.

Mehul Choksi wants the court to quash the criminal charge against him for breach of section 27A of the Immigration and Passport Act.

Fugitive diamantaire Mehul Choksi on Wednesday filed a case in the High Court in Dominica against the chief of police, investigating police officer Alleyne Maximea, minister of national security Rayburn Blackmoore and magistrate Candia Carette-George.

News18 has obtained an exclusive copy of the document filed by his lawyers in the Dominica High Court.

His lawyers are seeking a declaration from the court that “the decision of the police chief and investigating officer to charge the Choksi is an abuse of the process of the court and or a violation of the rule of law and is accordingly unlawful, null and void and of no effect.”

Choksi, who is a key accused in the Rs 13,000-crore PNB loan fraud case in India, also wants the court to quash the criminal charge against him for breach of section 27A of the Immigration and Passport Act.

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His lawyers have asked the court for an order declaring that the decision of Rayburn Blackmoore, minister of national security, “was taken in breach of the principles of natural justice”. They are further seeking an Order of certiorari in which a higher court orders a lower court to deliver to it a case record for review of the lower court’s decision. They have also sought cost and damages on Choksi’s behalf.

Choksi and his nephew Nirav Modi had fled India in the first week of January 2018, weeks before a multi-crore scam in the Punjab National Bank rocked the Indian banking industry. The duo allegedly bribed officials of the state-run bank to get Letters of Undertaking (LoU) based on which they availed loans from overseas banks that remained unpaid.

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first published:July 07, 2021, 10:54 IST