A Dominican magistrate court has ordered that fugitive Indian businessman Mehul Choksi, who is wanted in India for Rs 13,500 crore PNB credit fraud case be remanded in the Dominica State Prison despite decline in his health.
The order came despite Choksi pleading not guilty to illegal entry into Dominica and was earlier remanded in police custody at the Dominica China Friendship Hospital (DCFH) where he has been a patient since May 29, Carribean Island news portal Dominica News Online reported.
On June 2, at Choksi’s first court hearing where the charge of illegal entry into Dominica was read to him, Acting Director of Public Prosecution Sherma Dalyrample made a plea before Chief Magistrate Candia Carrette George to have the fugitive diamantaire brought before a Magistrate every three days to be remanded until he is discharged from hospital, the Dominican news outlet reported. The application for Choksi's production before a Magistrate every three days was pursuant to Section 212 of the Magistrate code of procedure.
This application came under review by Magistrate Williams on June 11, however, she reserved her ruling as a bail application for Choksi was being heard in the High Court on the same day.
Late on Thursday (India time), Choksi was expected to appear before the court for reporting and further remanded but his attorneys presented a medical report to the court which indicated that his health has deteriorated and as a result, he was unable to attend.
However, Magistrate Williams ordered that Choksi be remanded at the State Prison as she stated, based on the law, she does not have the jurisdiction to remand the accused to the hospital every three days.
Dissatisfied with her decision, three of Choksi's attorneys who were present in court - Julien Prevost, Zena Moore-Dyer and Gina Dyer-Munro- objected, claiming that their client is now in a bad State of health and the decision to remand him to the state prison is appalling as bleeding in the head is one of his conditions.
The attorneys argued that there must be a certain level of "humanity" in how the court operates and everyone should be treated fairly.
Despite the heated argument in the court, Magistrate Williams remained resolute in her decision and said her order will stand.
Choksi's attorneys said they will move the High court to prevent the order from being implemented.
The Magistrate remanded Choksi until June 24, when he will appear before the court to be further remanded while his trial for illegal entry is expected to commence the next day.
Choksi's habeas corpus petition in the High Court has been adjourned sine die, the report added.
The 62-year-old diamond tycoon had acquired citizenship in Antigua and Barbuda in 2017 and has been staying there since January 2018 after his flight from India. He along with his nephew Nirav Modi are the prime accused in the PNB scam.