Mehul Choksi challenges Antwerp Court's extradition order in Belgium's Top Court

New Delhi [India], November 3 : Fugitive diamond Businessman Mehul Choksi has approached the Belgian Supreme Court (Court of Cassation) challenging the Antwerp Court of Appeal's decision that upheld his extradition to India in connection with the multi-crore Punjab National Bank (PNB) fraud case, officials confirmed on Monday.

According to Belgian authorities, Choksi filed the appeal on October 30 against the Antwerp court's October 17 order. The appeal, officials said, is limited to legal merits and will be examined only on points of law. "During this procedure, the execution of the extradition is suspended," an official communication clarified.

The development marks the latest legal move by Choksi, who was arrested in Antwerp on April 11, 2025, following India's formal extradition request. He has since remained in custody, with several bail pleas rejected.

The Antwerp Court of Appeal had earlier found that the offences attributed to Choksi were extraditable under both Indian and Belgian law, dismissing his claims of political persecution and abduction.

In a detailed judgment, the court ruled that the alleged acts including criminal conspiracy, cheating, embezzlement, and forgery were punishable under the Indian Penal Code and the Prevention of Corruption Act, as well as under corresponding provisions of the Belgian Criminal Code, satisfying the principle of dual criminality.

The court, however, excluded one charge causing the disappearance of evidence under Section 201 IPC as it is not recognized under Belgian law.

Rejecting Choksi's claim that the extradition request was politically motivated, the court said there were no grounds to believe that India sought his return on the basis of race, religion, nationality, or political affiliation. It also dismissed his contention that he had been kidnapped from Antigua at India's behest, observing that the documents submitted "do not support such a conclusion."

The Antwerp court also took note of detailed assurances from Indian authorities regarding Choksi's treatment and medical care. 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.

He would remain under the control of judicial courts and be transferred only for medical reasons or court appearances. The court concluded that no credible evidence had been presented to suggest a risk of torture, inhuman treatment, or denial of justice in India.

Choksi, along with his nephew Nirav Modi, is accused of defrauding Punjab National Bank of over ₹13,000 crore, one of India's largest banking scams. With the appeal now before Belgium's top court, the extradition process remains temporarily suspended until a final decision on the matter is reached.

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