New Delhi: In what could be of huge legal significance regarding India’s request to Caribbean nation Antigua for extradition of Punjab National Bank (PNB) scam accused Mehul Choksi, government sources on Monday evening maintained that Choksi can still be extradited to New Delhi as both countries are members of the Commonwealth of Nations.
The Antigua and Barbuda government is of view that there is already an existing facility that “constitutes an extradition arrangement between India and (A&B) Antigua and Barbuda under their (Antiguan) Extradition Act of 1993” which “provides the legal basis for acting on India’s request to sent back Mr Choksi. India has recently handed over a request to Antigua for extradition of Mr Choksi.
Last week on August 3, New Delhi quietly issued a gazette notification that the provisions of the Extradition Act, 1962, “shall apply with respect to Antigua and Barbuda with effect from 2001 i.e. when Antigua and Barbuda notified India as Designated Commonwealth Country under the provision of its own Extradition Act”. This could enable New Delhi to seek extradition of Choksi from Antigua under this already-existing arrangement.
While pointing out that there has been no new extradition agreement inked with Antigua, Indian government sources on Monday evening said that as per Antigua’s own Extradition Act of 1993, “a fugitive may be extradited to a designated Commonwealth country or a state with which there are general or special arrangement or a bilateral treaty”. Significantly, the Antiguan Government way back in 2001 had then notified India as a “designated Commonwealth country”.
