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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 ...
There is no risk that fugitive diamantaire Mehul Choksi will not get a fair trial in India after his extradition, a Belgian court has ruled, underlining that he has failed to demonstrate any "serious risk" of being subjected to torture, inhuman or degrading treatment. A four-member indictment chamber at the Court of Appeals in Antwerp has found no infirmity in the orders issued by the pre-trial chamber of the Antwerp district court on November 29, 2024, allowing Choksi's extradition. The district court had termed the arrest warrants issued by a Mumbai special court on May 23, 2018 and June 15, 2021 "enforceable", which has been upheld by the Court of Appeals in its order dated October 17. The third warrant, related to disappearance of evidence, was not accepted by the Belgian court. 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. It said that it is up to the subject to provide evidence ...
A court in Antwerp on Friday cleared the extradition of fugitive diamantaire Mehul Choksi, noting that his arrest by the Belgian authorities on India's request was valid, officials in the know of the development said. The order has come as a strong validation for India's case seeking his extradition, with Choksi having the option of appealing against the decision in a superior court in Belgium, they said. "The order has come in our favour. The court has termed his arrest by the Belgian authorities on India's request valid. The first legal step in getting him extradited is now clear," a senior official said. Belgian prosecutors were aided by Indian officials from the external affairs ministry and the CBI in putting forth strong arguments on Choksi's alleged crime in orchestrating a Rs 13,000 crore scam in the Punjab National Bank in collusion with his nephew Nirav Modi. The prosecutors told the court that he remains a flight risk and cannot be released from prison, the officials sai
The bail plea of fugitive diamonds trader Mehul Choksi, wanted in India in connection with over Rs 6300-crore fraud in the Punjab National Bank (PNB), has again been turned down by a court of appeal in Belgium, just ahead of his extradition hearing before a court in that country, officials said. The court rejected the appeal on strong reasons conveyed by the CBI to the Belgian prosecution that Choksi had escaped from many jurisdictions earlier as well to evade legal proceedings and may flee to another country if let out on bail, they said. Choksi was arrested in Belgium in April on the basis of an extradition request sent by the CBI, they said. His earlier bail application, heard by the Court of Cassation in Belgium, was also rejected, they said Choksi filed another bail application on August 22 and offered to be under house arrest -- under surveillance at home -- but the court of appeal rejected it earlier this week, they said. The arguments in the extradition case of 66-year-ol
A special CBI court here on Friday stayed proceedings against diamantaire Mehul Choksi till August 8 in the Rs 55 crore Canara Bank-led consortium loan fraud case. A magistrate court, in April, took cognizance of a chargesheet filed by Central Bureau of Investigation in the case and had issued summons to the accused, including Choksi and two former employees of Gitanjali group Vipul Chitalia and Aniyath Nair. However, their lawyers Vijay Agarwal, Rahul Agarwal and Jasmin Purani on Friday filed a revision application against the magistrate's order before the special CBI court claiming it was passed in "a mechanical manner without application of mind". The order summoning the accused has been passed with lightning speed on the same day of filing of chargesheet, without even perusing it, they claimed and sought interim relief until their plea is decided. Special Judge J P Darekar, presiding over the matter, found that the magistrate court's order does not reflect any opinion formed .
The CBI has succeeded in facilitating the return of 134 fugitives from abroad in the last five years -- nearly twice the number of repatriated persons over an entire decade between 2010 and 2019, officials said. Coordinating closely with Interpol as well as state and central enforcement agencies, the CBI was able to secure the extradition or deportation of these 134 fugitives since 2020. Of these, 23 were brought back this year alone. In contrast, only 74 fugitives were brought back during the decade between 2010 and 2019. The uptick in the success rate can easily be attributed to enhanced diplomatic engagements by the government, India's outreach through VVIP visits, bilateral ties, technological advancements, and improved coordination with Interpol, the officials said. The process of extradition has three stages: issuance of a Red Notice by Interpol, geolocation of the fugitive, and third, extradition after legal and diplomatic manoeuvres, all of which are time-consuming ...
Markets regulator Sebi has ordered the attachment of bank accounts and shares and mutual fund holdings of absconding diamantaire Mehul Choksi to recover dues totalling Rs 2.1 crore in a case of violation of insider trading rules in the shares of Gitanjali Gems. The latest move followed a demand notice issued to Choksi on May 15, warning attachment of assets as well as bank accounts if he failed to make the payment within 15 days. The demand notice came after Choksi failed to pay the fine imposed by the Securities and Exchange Board of India (Sebi) in January 2022 in a case of violation of insider trading rules in the shares of Gitanjali Gems Ltd. Choksi, who was the chairman and managing director as well as part of promoter group of Gitanjali Gems, is the maternal uncle of Nirav Modi. Both are facing charges of defrauding state-owned Punjab National Bank (PNB) of more than Rs 14,000 crore. Both Choksi and Modi fled India after the PNB scam came to light in early 2018. In April, Cho
A court here has issued a non-bailable warrant against diamantaire Mehul Choksi in the Canara Bank-led consortium loan fraud case involving about Rs 55 crore. Choksi, a prime accused in the multi-million dollar Punjab National Bank (PNB) fraud, was arrested in Belgium on April 12 following an extradition request by Indian probe agencies. The non-bailable warrant against him was issued recently by Additional Chief Judicial Magistrate (Esplanade Court) R B Thakur. The matter has been adjourned to June 2 for a report on the warrant. The Central Bureau of Investigation (CBI) has alleged that the Canara Bank and the Bank of Maharashtra had sanctioned Rs 30 crore and Rs 25 crore, respectively, as working capital facilities under a consortium agreement to Bezel Jewellery. The loan was granted for the manufacturing and sale of gold and diamond-studded jewellery, but the company allegedly did not use it for the intended purposes, according to the CBI. The company did not repay the loan, .