Belgium’s top court to hear Mehul Choksi’s appeal on December 9; proceedings strictly written, say officials

NEW DELHI: Henri Vanderlinden, Advocate General at Belgium’s Court of Cassation, has confirmed that the country’s highest court will hear Mehul Choksi’s appeal on December 9.

Vanderlinden confirmed this in a communication with said.

He explained that proceedings before the Court of Cassation are essentially written, and all complaints must be submitted at the moment a party files the appeal. No additional complaints can be introduced afterwards. During the hearing, parties may only elaborate on the points they have already raised.

Vanderlinden further clarified that the Court of Cassation reviews only legal aspects, whether the court of appeal correctly applied the law and followed proper procedures. No new facts or evidence can be introduced at this stage, making the proceedings strictly confined to the written record.

The update comes in the backdrop of the Antwerp Court of Appeal’s ruling, which held that the offences attributed to fugitive businessman Mehul Choksi are extraditable under both Indian and Belgian law. The court found that the alleged conduct, including criminal conspiracy, cheating, embezzlement, forgery, and related charges, is punishable under Indian law, including Sections 120-B, 409, 420, and 477-A of the IPC, as well as the provisions of the Prevention of Corruption Act.

It also held that these offences have corresponding punishments under Belgian law, thereby satisfying the dual criminality requirement for extradition.

However, the court excluded the charge under Section 201 of the IPC for causing the disappearance of evidence, stating that this offence has no equivalent under Belgian law and therefore cannot form part of the enforceable declaration. The court also noted that the alleged acts took place between December 31, 2016 and January 1, 2019, and that prosecution is not barred by limitation under either Indian or Belgian law.

In rejecting Choksi’s claim of political motivation, the Antwerp court held that the offences cited “cannot be considered political, military or non-extraditable tax offences.”

It added that nothing in the record suggests that India sought extradition on grounds of race, religion, nationality, or political affiliation.
The court also dismissed Choksi’s long-standing allegation that he was abducted from Antigua on India’s instructions, stating that no document provided by him supports such an inference.

The court remarked that Choksi’s defence had submitted a large volume of media reports, case law, and NGO findings about Indian prisons, but none established a real or personal risk of ill-treatment or denial of justice. It found that the material placed on record did not prove that he personally faced a real, present, and serious risk of torture, inhuman treatment, or a flagrant denial of justice in India.

Indian authorities, in their assurance to Belgium, provided detailed information regarding Choksi’s detention arrangements. They stated he would be housed in Barrack No. 12 of Mumbai’s Arthur Road Jail, a 46-square-metre facility with two cells and private sanitary provisions. Movement would be permitted only for medical reasons or court appearances, and custody would remain under judicial supervision rather than investigative agencies.

The Antwerp court concluded that Choksi had presented no credible evidence to suggest he would be denied adequate medical care or fair treatment in India. Choksi, wanted along with his nephew Nirav Modi for allegedly defrauding Punjab National Bank of over Rs 13,000 crore, was arrested in Antwerp on April 11, 2025, following India’s extradition request. He remains in custody, with several bail applications already rejected.

The Ministry of Home Affairs of India had earlier provided comprehensive assurances to Belgian authorities on his custody, healthcare, and oversight by national and state human rights commissions. (ANI)