The Antigua citizenship program has an albatross hanging around its neck. In case you already forgot about it, the Mehul Choksi saga is still ongoing. Indeed, the latest update plays out now in the courts of Antigua. In a new twist, the case has embroiled the Antigua police department and attorney general’s office with new allegations.
This is because Mehul Choksi has claimed that on the night of May 23, 2021 he was abducted, tortured and them forcefully taken to Dominica by the Antigua police at the behest of Indian agents.
As a result, the Antigua police department and attorney general now join the original parties involved. The original parties being the Indian government plus Antigua and Barbuda, then subsequently the neighboring island of Dominica was involuntarily joined into the fray.
The two sides to the story are at odds with each other. On the one hand, the Antigua government claims Choksi willfully departed the island without his passport on some kind of pleasure cruise in the middle of the night.
Their argument does sound rather absurd. The government’s claim that Mr Choksi would jeopardize his own safety and risk extradition by abruptly leaving the island for an international sailing trip in the dark does seem rather unlikely.
On the other hand, Mr Choksi’s version of events stated above are the polar opposite of the Antigua government’s. Although his version of the story does seem to make more sense. Obviously, he never would have voluntarily left Antigua under the existing circumstances.
Current Status of the Mehul Choksi Dilemma
Either way, the case is now hung up in the high court of Antigua. However, Mr Choksi now faces some growing popular discontent on Antigua in addition to his courtroom adversaries. Nonetheless, Choksi’s allegations that he was forcefully sent to Dominica seem to be gaining the upper hand in court.
So did the government forcefully deport Mr Choksi? It depends on who you ask, which has led to this new court room intrigue. But according to High Court Justice Marissa Robertson, as reported by Dominica News Online “The further along this investigation processes more of the facts are aligning with Choksi’s version of the events that led to his appearance in the state of Dominica.”
Stay tuned…if he prevails this would not be the first time the Antigua courts have sided with Mr Choksi. But this time the credibility of the Antigua government is on the line.
How Mehul Choksi Embroiled the Antigua Citizenship Program
Choksi’s Antigua citizenship was obtained through Antigua and Barbuda’s citizenship by investment program. This normally would not be a scandalous issue. However, Mr Choksi (Indian citizen by birth) obtained Antigua and Barbuda citizenship a few weeks before he was implicated in a multi billion dollar bank scandal back home in India. The timing is conspicuous indeed.
As a result, the reputation of the Antigua and Barbuda citizenship program has been diluted. Unfortunately, it also casts a long shadow on more venerable Caribbean CBI programs such as St Kitts and Dominica. This assumption about other CBI programs is unjustified as I will explain below.
But for now, the dilemma still facing the Antigua government is whether to deport the Indian fugitive or uphold his constitutional rights as a citizen of Antigua. Apparently, they already tried to deport him using what ever means available. However, the Antigua constitution allows for Mr Choksi to have his day in court.
Essentially, Mr Choksi has not committed any violations which would allow for citizenship revocation or deportation. To date the Antigua courts are upholding his constitutional rights in Antigua. However, at the same time they are protecting him from prosecution in India.
If the Antigua government was involved in Choksi’s sudden appearance on Dominica, then their plan appears to be backfiring. Indeed, strong constitutional protections are allotted to applicants of the Antigua citizenship program. The courts in Antigua and Barbuda are simply following the law.
Antigua and Barbuda Constitutional Protections
The Antigua and Barbuda Citizenship By Investment Act 2013 has a clearly written citizenship “deprivation” policy outlined in clause 4(3)(a)(b).
Clause 4(3)(a)(b) applies in instances when a citizenship was obtained through “false representation or fraud or willful concealment of material facts”.
Deprivation is also applicable if a person has been “convicted in Antigua and Barbuda” of an act of treason or sedition. Additionally, under clause 4(3) the person has the right of appeal to the High Court.
Mr Choksi did not obtain Antigua citizenship through “false representation or fraud”. He also has not committed any acts of “treason or sedition” against the government. So if the Antigua government wishes to rid themselves of Mr Choksi, they are between a rock and a hard place.
In addition, if Mr Choksi wins his court case against the Antigua government this mess will get much bigger. The Antigua government could be found liable for damages. This is in addition to the mounting court costs they are already paying out. Indeed, Mr Choksi has billions of dollars at his disposal, the Antigua and Barbuda has high deficits and huge funding gaps.
An adverse judgement would add to the strain that is already on the government finances due to a slow down in CBI revenues. Plus, the slowing global economy is weighing on their tourism sector.
Furthermore, as the article in WICNews alleges, it is the disrepute brought to the Antigua citizenship program by Mr Choksi which is to blame for waning revenues.
Should you invest in the Antigua Citizenship Program?
In theory, what successful CBI applicants are looking for is strong constitutional protections. This is exactly what Mr Choksi is getting. It is a testament to the legal system in Antigua which is protecting him from the vengeance of Prime Minister Gaston Browne who would have already revoked Mr Choksi’s Antigua citizenship by extrajudicial means, if not for the courts checking him.
Please note the crux of the Antigua citizenship program is not the constitution or the courts. The courts are the symptom not the cause. Rather, it is the lack of due diligence which has created this problem.
Mr Choksi is indeed a politically exposed person who had billions of dollars of loan exposure to a state owned bank in India. This was not hidden from the CBIU during the due diligence process.
Clearly, it would seem conspicuous that someone fitting Mr Choksi’s profile would show up one day looking for second citizenship (dual citizenship is illegal in India). Apparently, he still passed due diligence. Therefore, the Antigua courts or constitution are not to blame for this scandal.
Nonetheless, the damage is already done. Those considering the Antigua citizenship program should think twice. Especially, in comparison with other well established programs such as St Kitts and Nevis or Dominica.
Prudent due diligence is strictly adhered to which is reflected in their well established reputations. As a result, there are no scandals in these better run programs. In addition, their law abiding new citizens enjoy iron clad constitutional protection.
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