Belgium's supreme court to hear Mehul Choksi's appeal against extradition on Dec 9
New Delhi (PTI): The case of fugitive diamond trader Mehul Choksi challenging his extradition will come up for hearing before Belgium's supreme court, the Court of Cassation, on December 9, officials said on Thursday.
Choksi has challenged before Belgium's top court an October 17 ruling of the Antwerp Court of Appeal that upheld India's request for his extradition while terming it "enforceable".
In response to queries by the PTI, Advocaat-generaal Henri Vanderlinden said the Court of Cassation will hear the case on December 9.
The Court of Cassation only checks the decision of the court of appeal "on legal aspects" such as whether the court of appeal correctly applied the legal dispositions, and whether they follow the right procedure, he told PTI.
"So, new facts or evidence cannot be placed," he said.
"The proceedings are, in essence, a written one. As a rule, all cases are heard. If the court refuses to admit the appeal, it will be on legal grounds, for example, the person who filed the complaint did not have the legal competence to do so," Vanderlinden explained.
He said the parties must convey their complaints in writing "on the moment" they appeal to the court.
"They cannot add any other complaints after that moment. During the hearing, they can develop those complaints, but nothing else," he said, giving details about the procedure in the Court of Cassation.
On October 17, a four-member indictment chamber at the Court of Appeals in Antwerp did not find any infirmity in the orders issued by the pre-trial chamber of the district court on November 29, 2024, terming the arrest warrants issued by a Mumbai special court in May 2018 and June 2021 as "enforceable", allowing Choksi's extradition.
The Court of Appeals had ruled that Choksi, the main accused in a Rs-13,000 crore PNB scam, faces "no risk" of being denied a fair trial or subjected to ill-treatment if he is extradited to India.
Of the total scam amount, Choksi alone has siphoned off Rs 6,400 crore, the Central Bureau of Investigation (CBI) has alleged in its chargesheet.
Choksi, who escaped to Antigua and Barbuda in January 2018, days before the scam was detected, was spotted in Belgium, where he had purportedly sought treatment.
India sent an extradition request to Belgium on August 27, 2024, based on arrest warrants issued by the special court in Mumbai.
The public prosecutor at the Court of First Instance in Antwerp, Division Turnhout, initiated an action on November 25, 2024, seeking the enforcement of arrest warrants issued by the Mumbai court.
The pre-trial chamber of the Antwerp District Court, Turnhout Division, in its order dated November 29, 2024, held that the arrest warrants against Choksi issued by the Mumbai court were enforceable, except for the order related to "causing the disappearance of evidence of the crime".
When Choksi appealed against this verdict in the Antwerp Court of Appeals, it rejected his claims that he personally faces a real, present and serious risk of being subjected to flagrant denial of justice, torture or inhuman and degrading treatment in India.
India has given a number of assurances to Belgium about Choksi's safety, the charges that he would face during trial in India, prison arrangements, human rights and medical needs.
The Court of Appeals had ruled that 66-year-old Choksi faces "no risk" of being denied a fair trial or subjected to ill-treatment if he is extradited to India.
Dismissing the appeal filed by Choksi against the district court, the Court of Appeals held that the businessman failed to provide "concretely plausible" evidence of a "genuine risk" of torture or denial of justice.
The order was a strong validation of India's case seeking his extradition, with Choksi having the option of appealing against the decision in Belgium's Supreme Court, the officials said.
The Court of Appeals has held that the documents Choksi submitted do not substantiate his claims that he is the subject of a political trial.
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Screenwriter Salim Khan on ventilator support and stable, say doctors
Mumbai (PTI): Veteran screenwriter Salim Khan suffered a brain haemorrhage which has been tackled, is on ventilator support as a safeguard and stable, doctors treating him said on Wednesday, a day after he was admitted to the Lilavati Hospital here.
The 90-year-old, one half of the celebrated Salim-Javed duo which scripted films such as "Sholay", "Deewar" and "Don" with Javed Akhtar, is in the ICU and recovery might take some time given his age.
"His blood pressure was high for which we treated him and we had to put him on a ventilator because we wanted to do certain investigations. Now the ventilator was put as a safeguard so that his situation doesn't get worse. So it is not that he is critical," Dr Jalil Parkar told reporters.
"We did the investigations that were required and today we have done a small procedure on him, I will not go into the details. The procedure done is called DSA (digital subtraction angiography). The procedure has been accomplished, he is fine and stable and shifted back to ICU. By tomorrow, we hope to get him off the ventilator. All in all, he is doing quite well," he added.
Asked whether he suffered a brain haemorrhage, the doctor said, "Unko thoda haemorrhage hua tha, which we’ve tackled. No surgery is required.
As concern over Khan's health mounted, his children, including superstar Salman Khan and Arbaaz Khan, daughter Alvira, and sons-in-law Atul Agnihotri and Aayush Sharma, have been seen outside the hospital along with other well-wishers. His long-time partner Akhtar was also seen coming out of the hospital.
Khan, a household name in the 70s and 80s, turned 90 on November 24 last year. It was the day Dharmendra, the star of many of his films, including "Sholay", "Seeta aur Geeta" and "Yaadon Ki Baraat", passed away.
Hailing from an affluent family in Indore, Khan arrived in Mumbai in his 20s with dreams of stardom. He was good looking and confident he would make a mark in the industry as an actor. But that did not happen. And then, after struggling for close to a decade and getting confined to small roles in films, he changed lanes.
He worked as an assistant to Abrar Alvi and soon met Akhtar to form one of Hindi cinema's most formidable writing partnerships. They worked together on two dozen movies with most of them achieving blockbuster status.
Other than "Sholay", "Deewar" and "Don", Khan and Akhtar also penned "Trishul", "Zanjeer", "Seeta Aur Geeta", "Haathi Mere Saathi", "Yaadon Ki Baarat" and "Mr India".
