New Delhi: Fugitive diamond trader Mehul Choksi has moved the Supreme Court of Belgium challenging the October 17 order of the Antwerp Court of Appeals, which had termed India’s extradition request “enforceable.”
According to an agency report, the public prosecutor at the Antwerp Court of Appeal confirmed that Choksi filed an appeal in the Court of Cassation on October 30.
“This appeal is strictly limited to legal merits and will be judged by the Court of Cassation. During this procedure, the execution of the extradition is suspended,” public prosecutor Ken Witpas said.
The Court of Cassation serves as Belgium’s Supreme Court and examines only the legal validity of lower court rulings.
On October 17, a four-member indictment chamber at the Antwerp Court of Appeals upheld the November 29, 2024, order of the pre-trial chamber of the Antwerp District Court, which had found no irregularity in India’s request and held the arrest warrants issued by a Mumbai special court in May 2018 and June 2021 as “enforceable.” This effectively cleared the way for Mr. Choksi’s extradition to India.
The Court of Appeals also ruled that Choksi, main accused in the ₹13,000-crore Punjab National Bank (PNB) fraud case, faced “no risk” of being denied a fair trial or subjected to ill-treatment if extradited to India.
The CBI, in its chargesheet, has alleged that Choksi alone siphoned off ₹6,400 crore from the total scam amount.
Choksi fled to Antigua and Barbuda in January 2018, days before the multi-crore banking scam came to light. He was later spotted in Belgium, reportedly seeking medical treatment.
India submitted its extradition request to Belgium on August 27, 2024, based on the Mumbai special court’s arrest warrants.
Following this, the public prosecutor at the Court of First Instance in Antwerp, Turnhout Division, sought enforcement of the warrants on November 25, 2024. The pre-trial chamber, in its November 29, 2024, order, upheld India’s request and declared the warrants enforceable.
India has provided Belgium with several assurances regarding Choksi’s safety, medical care, human rights protections, and fair trial, as well as prison conditions, to facilitate the extradition process.