In a significant development, the Court of Cassation of Belgium, terming the objections raised by fugitive diamantaire Mehul Choksi as lacking substance, has dismissed his appeal against extradition to India. The court affirmed that Choksi failed to establish any legal or factual ground that would warrant interference with the earlier orders permitting his surrender to Indian authorities.
Through its detailed judgement, the Belgian Supreme Court upheld the ruling dated October 17 from the Antwerp Court of Appeal's Chamber of Indictment. It concluded that the entire extradition proceedings had fully complied with Belgian domestic law, in addition to adhering to European human rights standards.
The court systematically rejected all three primary grounds of challenge put forward by Choksi. These included alleged violations of his fair trial rights, claims of abduction, and apprehensions regarding prison conditions in India.
Specifically addressing Choksi's contention that his defence rights were violated due to certain documents not being placed before the court during the initial stage, the Court of Cassation observed that any such concerns had been adequately remedied at the appellate level. It emphasised that the Chamber of Indictment exercises full jurisdiction and conducts proceedings in an adversarial manner, thereby allowing the requested person ample opportunity to submit all relevant material. As a result, the court firmly held that Choksi's right to a fair trial, as protected under Article 6 of the European Convention on Human Rights, had not been infringed in any way.
Furthermore, the court dismissed Choksi's attempt to rely on the decision of the Interpol Commission for the Control of Files (CCF) to bolster his claim of having been abducted from Antigua with the involvement of Indian authorities. The Court of Cassation noted that the lower court had appropriately evaluated the evidentiary value of the CCF decision, which was cautiously framed and expressed in conditional terms. Since the assessment of evidence is within the sovereign domain of the lower court, the Belgian Supreme Court ruled that it could not re-appreciate or overturn those findings.
Also Read: Belgian court clears Choksi's extradition; appeal dismissed
On the critical issue of the alleged risk of torture and inhuman treatment in India, the Court of Cassation placed strong reliance on the explicit assurances provided by the Government of India. The judgement explicitly records that India assured Belgian authorities that, upon extradition, Choksi would be lodged in Arthur Road Jail in Mumbai, specifically in Barrack No. 12—a secure ward equipped with two cells and private sanitation facilities. It was further noted that he would remain under the authority of judicial courts and not under investigating agencies. The court concluded that Choksi had failed to demonstrate any real, present, and personal risk to himself if extradited, thereby rejecting any comparisons he drew with other cases or prisons.
Having found that all required legal formalities had been duly observed throughout the process, the Court of Cassation rejected the appeal in its entirety and directed Choksi to bear the costs amounting to EUR104.01.
Mehul Choksi, along with his nephew Nirav Modi, is accused of orchestrating a massive fraud amounting to nearly $2 billion against Punjab National Bank. The Central Bureau of Investigation and the Enforcement Directorate have filed multiple charge sheets against him in India, with several non-bailable warrants still pending in connection with the case.
Also Read: Court rejects Choksi’s plea for dismissal of FEO declaration
Follow us
