New Delhi (PTI): Fugitive diamond trader Mehul Choksi has challenged before Belgium's Supreme Court an October 17 ruling by the Antwerp Court of Appeal that had upheld India's request for his extradition, calling it "enforceable", officials said on Monday.
In response to queries sent by PTI, the public prosecutor at the Court of Appeal in Antwerp said Choksi filed an appeal in the Court of Cassation on October 30.
"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," Advocate General Ken Witpas said in his response to PTI.
The Court of Cassation is the Supreme Court of Belgium.
On October 17, a four-member indictment chamber at the Court of Appeals in Antwerp found no 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 ruled that fugitive 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 reached for seeking 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, declared 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 also 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 regarding 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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Visakhapatnam (PTI): India fought back gallantly through Prasidh Krishna and Kuldeep Yadav after Quinton de Kock struck his 23rd hundred, keeping South Africa to a manageable 270 in the third and series-deciding final ODI, here Saturday.
India won the toss after judging the spin of the coin incorrectly 20 times in a row. They had little hesitation in inserting the Proteas into bat, a clear indication of dew factor dominating the thought.
After Arshdeep Singh sent back Ryan Rickelton early, De Kock (106, 89b, 8x4, 6x4) struck his seventh century against India and put on 113 runs off 124 balls with skipper Temba Bavuma (48, 67b) as the visitors moved to a healthy position.
De Kock was severe on Prasidh (4/66), who erred on length continuously in his first spell (2-0-27-0). The left-hander biffed the pacer for 6, 6, 4 in his second over to milk 18 runs.
The 32-year-old quickly pounced on anything that was short, and pacers Prasidh and Harshit offered him plenty of feed on his pet areas.
Bavuma was more sedate, and made runs through those typical dabs and jabs, occasionally unfurling a drive of elan.
De Kock moved to fifty in 42 balls, and never let the tempo down reaching his hundred in 79 balls.
India found temporary relief when Ravindra Jadeja induced a false slash from Bavuma to get caught by Virat Kohli at point.
The tourists got another move on through a 54-run partnership between De Kock and Matthew Breetzkle for the third wicket, and at 168 for two in 28 overs they were in a good position to press on.
But Breetzke's punishment of part-time spinner Tilak Varma forced a rethink in the Indian camp, as skipper KL Rahul brought back Prasidh for a second spell.
What a masterstroke it turned out to be! The Karnataka man broke the back of South Africa’s top and middle order in an exceptional second spell (4-0-11-3).
Breetzke was the first man to go, trapped plumb in front with a straight one and four balls later Aiden Markram uppishly chipped a fuller delivery to Kohli at short covers.
Prasidh soon castled De Kock, whose ugly cross-batted swipe failed to connect a full length delivery from the pacer.
All of a sudden, SA found themselves at a shaky 199 for five, losing three wickets in the space of three overs.
Once Prasidh was done away with the top and middle-order, left-arm wrist spinner Kuldeep (4/41) took over and mopped up the tail as SA fell short of even a par total on this track.
