Lawyers for Indian-born fugitive Mehul Choksi have filed for a judicial review over the decision to proceed with a charge of illegal entry against the 62-year-old who is an Antiguan citizen.
Choksi is accused of illegally entering Dominica in May – a claim he denies, saying he was kidnapped and taken there against his will.
The review has been filed in the nature island’s High Court against the Chief of Police, an investigating police officer, the Minister of National Security and the Chief Magistrate.
The attorneys also want a declaration from the court that the police’s decision to proceed was an abuse of process and a violation of the rule of law, making it null and void.
They say police should have investigated Choksi’s kidnap claim before charging him, a move the lawyers say was to – quote – satisfy the wishes of the Indian and Antiguan governments.
The case filed by law firm Dyer & Dyer also seeks costs and damages for Choksi.
Meanwhile, Choksi remains on remand under police guard in hospital where he is being treated for ailments including hypertension and a blood clot.
His latest bail application has been adjourned to July 23rd. The petition for judicial review has been adjourned to August 27th.
Choksi is wanted in his native India on a string of charges connected to a two billion US dollar bank fraud.
India has been trying to get him extradited from Antigua for more than three years.