Mehul Choksi moves Belgian apex court against extradition
New Delhi, Nov. 4 -- Fugitive diamantaire Mehul Choksi has filed an appeal before the Belgian Supreme Court against his extradition ordered by the Antwerp court of appeals last month based on a request by the Central Bureau of Investigation (CBI), a Belgian law officer said.
Choksi, lodged in a prison in Antwerp since his arrest in April, moved the Belgian Court of Cassation (equivalent of India's Supreme Court) on October 30.
Antwerp's attorney general, Ken Witpas, told HT in an email on Monday: "Last October 30th Mr. Choksi filed an appeal against the decision of October the 17th. 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." As reported by HT, while ordering his extradition, the court of appeals ruled that Choksi is neither the subject of a "political trial" nor does he run the risk of torture or denial of justice in India, dismissing the fugitive's argument that he was kidnapped in Antigua and Barbuda at the behest of Indian authorities in May 2021.
The four-member Chamber of Accusation (or Charging) at Antwerp's Court of Appeals said in its judgment on October 17 that two arrest warrants issued by Indian courts - on May 23, 2018 and June 15, 2021 based on CBI requests - were "enforceable" on the charges pertaining to criminal conspiracy, criminal breach of trust, fraud, embezzlement and criminal misconduct.
The court said these offences are punishable with a minimum prison sentence of one year in both India and Belgium (principle of reciprocity).
Indian officials are hopeful that Choksi's appeal before the Belgian SC will also be dismissed considering robust evidence of fraud against him. "We will pursue the extradition proceedings before the Court of Cassation and provide all the evidence, debunk his false claims to ensure that he is brought back to India," said an officer, requesting anonymity. Choksi, 65, was arrested by Antwerp police on April 11, based on an extradition request sent by the CBI, and has been lodged in prison since then....
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