Antiguan government and police have “case to answer” for failure to investigate abduction and torture

On 3 March 2023, Robertson J. sitting in the High Court of Justice of Antigua and Barbuda, dismissed the application of the Antiguan Attorney General and the Commissioner of Police to strike out Mr Choksi’s claim seeking an effective investigation into his kidnap, torture, ill-treatment and forced abduction from Antigua to Dominica on 21 May 2021.

Mr Choksi, a successful businessman resident in Antigua, was abducted by a group of individuals from near his home in Antigua. He was repeatedly beaten, tasered, tied to a wheelchair, knocked unconscious and forced aboard a vessel and sailed to Dominica. His kidnappers claimed that they were working on behalf of the Indian government, which has been seeking Mr Choksi’s extradition. The kidnappers threatened at knife point the lives of Mr Choksi and his family unless he returned to India.

The Antiguan police produced a report in June 2021 concluding that “the plethora of real and circumstantial evidence makes it clear that a case of kidnapping with broad collusion amongst multiple conspirators exists.” The police found that “the further along this investigation progresses, the more the facts are aligning with Mr Choksi’s unofficial version of events which led to his appearance in the state of Dominica”. They named the following individuals as suspects in the kidnapping: “Gurdip Bath, Barbara Jarabik, Gurmit Singh, Gurjit Bhandal and Leslie Farrow-Guy”.

Following a lack of progress into the investigation of his kidnap, in February 2022 Mr Choksi initiated litigation claiming that the Antiguan government and police were under a duty effectively to investigate his kidnap, torture and ill-treatment. The Antiguan government and police sought to strike out the claim on the basis inter alia that no such duty existed. The High Court has now dismissed that application, and directed the Antiguan authorities to file their defence to the claim.

The High Court’s decision follows the decision of INTERPOL in October 2022 to delete the Red Notice issued by the Indian government against Mr Choksi. INTERPOL concluded that “there is credible possibility that the Applicant’s abduction from Antigua to Dominica had the ultimate purpose of deporting the Applicant to India”, which raised questions as to “the risks the Applicant would face if returned to India, in terms of receiving a fair trial or treatment”.

Edward Fitzgerald KC and Graeme Hall are instructed to represent Mr Choksi. They are instructed by Stacy Roach and Jomokie Phillips of Richards & Company.