Belgium’s Supreme Court, while rejecting fugitive diamantaire Mehul Choksi’s appeal last week against his arrest in Antwerp on New Delhi’s request, ruled that his claims of being a subject of a political trial in India, or that he was abducted in 2021 in Antigua and Barbuda at the behest of India and runs risk of torture are not “factual”.
Mehul Choksi (ANI)
The top court at Brussels (called Court of Cassation), in its December 9 order, details of which have been reviewed by HT, upheld the October 17 decision of Antwerp’s court of appeals, adjudging all the arguments of Choksi as “inadmissible”.
Choksi, 65, who is being held in a prison in Antwerp following his arrest on April 11 at India’s request, moved the Belgian Court of Cassation on October 30. Indian investigators have accused Choksi of six bank frauds between 2018 and 2022 involving amounts totalling nearly ₹13,000 crore.
Earlier, in its October 17 ruling, the Antwerp court of appeals dismissed Choksi’s challenge to his arrest on India’s extradition request, holding that Choksi was neither the subject of a “political trial” nor did he run the risk of torture or denial of justice in India. It also dismissed the fugitive’s argument that he was abducted in Antigua and Barbuda at the behest of Indian authorities in May 2021.
The court of cassation has said in its order that Choksi’s arguments in the appeal regarding violation of article 6 of European Convention on Human Rights (ECHR) and that his arrest warrant was enforced by Belgian authorities without summoning him “are based on a different legal view” and “fails as a matter of law”.
“In view of the aforesaid judgement (October 17 court of appeals decision), the appeal cannot lead to cassation,” it ruled.
On Choksi’s claims that he was abducted in May 2021 in Antigua and Barbuda and taken to Dominica at the behest of India after which Interpol’s internal body Commission for the Control of Interpol Files (CCF) decided in 2022 to remove his red notice, the court endorsed the Antwerp court’s decision which said: “The decision of CCF of 12 October 2022 is inconclusive and very cautious and worded in a conditional manner”.
It termed the October 17 decision as an “unassailable judgement”.
Rejecting Choksi’s claims that the Indian judiciary lacks independence and that of being subject of a political trial, the top court said the court of appeals has assessed the enforceability of the arrest warrants. “To that extent, this part lacks factual basis”, it said.
Officials familiar with the development said Choksi has exhausted all his appeals against the arrest and that his formal extradition trial will now begin; a date for this is expected soon.
Choksi’s extradition has been sought under Indian Penal Code (IPC) sections 120 B (criminal conspiracy), 201 (destruction of evidence), 409 (criminal breach of trust), 420 (cheating), 477A (falsification of accounts), and sections 7 and 13 (bribery) of the Prevention of Corruption Act; which are crimes in Belgium as well under the dual criminality clause of the extradition treaty.
The United Nations Convention against Transnational Organized Crime (UNTOC) and United Nations Convention against Corruption (UNCAC) were also invoked in the extradition request.
The Indian government has also assured Belgium that Choksi, if extradited to India, would be held at Barrack no 12 at Arthur Road Jail in Mumbai, which conforms to the European CPT (Committee for Prevention of Torture and Inhuman or Degrading Treatment or Punishment), and that he would be provided all facilities, including clean drinking water, adequate food and medical facilities, access to newspapers and TV, choice of treatment from a private doctor and will not face solitary confinement.
