Belgian top court rejects Choksi plea
New Delhi, Dec. 10 -- The Belgian Court of Cassation (equivalent of India's Supreme Court) has rejected fugitive diamantaire Mehul Choksi's appeal against his arrest in Antwerp based on an extradition request by New Delhi, people familiar with the development said on Tuesday.
Henri Vanderlinden, advocate general at Brussels, confirmed to HT in an email on Tuesday that "the Court of Cassation rejected the appeal (of Choksi). So, the decision of the Court of Appeal stands."
The Court of Cassation heard Choksi's plea on Tuesday at Brussels and gave its decision in India's favour by upholding October 17 decision of an Antwerp court of appeals, which had dismissed the fugitive's argument that he runs a risk of torture if sent to India.
Officials familiar with the development said this is a positive development for the Indian government and a formal process in courts for Choksi's extradition may now begin.
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.
On October 17, while dismissing Choksi's claims that his arrest based on India's extradition request was unlawful, the court of appeals in Antwerp ruled that Choksiis neither the subject of a "political trial" nor does he run the risk of torture or denial of justice in India. It had also dismissed 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 Central Bureau of Investigation (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).
Choksi, 65, was arrested by Antwerp police on April 11, based on an extradition request sent by the Central Bureau of Investigation (CBI), and has been lodged in prison since then....
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