Belgium’s top court dismissed Mehul Choksi’s plea against extradition, upholding the Antwerp Court of Appeal’s decision making India’s request enforceable.
Belgium’s Supreme Court— the Court of Cassation — on Tuesday dismissed fugitive diamond trader Mehul Choksi’s plea, challenging his extradition. Choksi had approached Belgium’s top court on October 30, challenging the October 17 order of the Antwerp Court of Appeals, which had termed India’s extradition request “enforceable.”
Responding to news agency PTI, spokesperson for Court of Cassation, Advocaat-general Henri Vanderlinden, said, “The Court of Cassation rejected the appeal. So, the decision of the Court of Appeal stands.”
The Antwerp court had earlier ruled that Choksi, the main accused in the Rs 13,000 crore Punjab National Bank (PNB) scam, faced “no risk” of being denied a fair trial or subjected to ill-treatment if sent back to India.
Previous Verdict Against Mehul Choksi
On October 17, a four-member indictment chamber of the Antwerp Court of Appeals upheld an earlier order issued by the pre-trial chamber of the district court on November 29, 2024. It found no irregularity in the arrest warrants issued by a Mumbai special court in May 2018 and June 2021, ruling them “enforceable” and clearing the way for Choksi’s extradition.
Dismissing the appeal filed by Choksi against the district court, the Court of Appeals held that the businessman failed to provide “concretely plausible” evidence of a “genuine risk” of torture or denial of justice. It held that the documents Choksi submitted do not substantiate his claims that he is the subject of a political trial.
New Delhi has assured Brussels repeatedly regarding Choksi’s safety, the charges that he would face during trial in India, prison arrangements, human rights and medical needs. India informed the court that Choksi would be held at Arthur Road Jail in Mumbai, Barrack No. 12, a 46-square-metre facility with two cells and private sanitary amenities.
On August 27, 2024, India had sent an extradition request to Belgium based on arrest warrants issued by the Mumbai special court. Following this, the public prosecutor at the Court of First Instance in Antwerp, Division Turnhout, initiated an action on November 25, 2024, seeking the enforcement of arrest warrants issued by the Mumbai court.