Belgium Supreme Court to Hear Fugitive Diamond Trader Mehul Choksi's Extradition Appeal on December 9

New Delhi: The fugitive diamond trader Mehul Choksi's case challenging his extradition will be heard before Belgium's supreme court - the Court of Cassation - on December 9, officials confirmed on Thursday.

Choksi has filed an appeal before Belgium's highest court against an October 17 ruling by the Antwerp Court of Appeal that upheld India's extradition request and deemed it "enforceable."

In response to inquiries by PTI, Advocaat-generaal Henri Vanderlinden stated that the Court of Cassation will hear the case on December 9.

Vanderlinden explained that the Court of Cassation only reviews the court of appeal's decision "on legal aspects" - examining whether the court correctly applied legal provisions and followed proper procedures.

"New facts or evidence cannot be presented," he clarified to PTI.

"The proceedings are essentially written. As a rule, all cases are heard. If the court refuses to admit the appeal, it will be on legal grounds, for example, if the person who filed the complaint lacked legal competence to do so," Vanderlinden elaborated.

He further detailed that parties must submit their complaints in writing at the time they appeal. "They cannot add any other complaints after that moment. During the hearing, they can develop those complaints, but nothing else," he explained regarding the Court of Cassation's procedure.

On October 17, a four-member indictment chamber at the Antwerp Court of Appeals found no flaws in orders issued by the pre-trial chamber of the district court on November 29, 2024. The court affirmed that arrest warrants issued by a Mumbai special court in May 2018 and June 2021 were "enforceable," permitting Choksi's extradition.

The Court of Appeals ruled that Choksi, the primary accused in a Rs-13,000 crore PNB scam, faces "no risk" of being denied fair trial or subjected to ill-treatment if extradited to India.

According to the Central Bureau of Investigation's (CBI) chargesheet, of the total scam amount, Choksi alone allegedly siphoned off Rs 6,400 crore.

Choksi escaped to Antigua and Barbuda in January 2018, days before the scam was detected, and was recently located in Belgium where he had reportedly sought medical treatment.

India submitted an extradition request to Belgium on August 27, 2024, based on arrest warrants from the Mumbai special court.

The public prosecutor at the Court of First Instance in Antwerp initiated proceedings on November 25, 2024, seeking enforcement of the Mumbai court's arrest warrants.

The pre-trial chamber of the Antwerp District Court, in its November 29, 2024 order, held that the arrest warrants against Choksi were enforceable, except for the order related to "causing the disappearance of evidence of the crime."

When Choksi appealed this verdict in the Antwerp Court of Appeals, the court rejected his claims of facing risks of flagrant denial of justice, torture, or inhuman treatment in India.

India has provided numerous assurances to Belgium regarding Choksi's safety, the charges he would face during trial in India, prison arrangements, human rights protections, and medical needs.

The Court of Appeals ruled that the 66-year-old businessman faces "no risk" of unfair trial or ill-treatment if extradited to India.

Dismissing Choksi's appeal against the district court decision, the Court of Appeals determined that he failed to provide "concretely plausible" evidence of a "genuine risk" of torture or denial of justice.

The order strongly validates India's extradition case, though Choksi retained the option to appeal to Belgium's Supreme Court, officials noted.

The Court of Appeals has concluded that the documents Choksi submitted do not substantiate his claims of being subject to a politically motivated trial.