The Belgian Court of Appeal has postponed the hearing on Mehul Choksi’s petition challenging the legality of his arrest, following India’s extradition request.
In his latest submission—drafted by Advocate Vijay Aggarwal and presented by his Belgian legal team—Choksi argues that Belgian authorities neglected mandatory legal procedures when taking him into custody.
Allegations Of Procedural Irregularities
Choksi’s plea asserts that his arrest was carried out without regard for due process, infringing upon his fundamental rights and violating established principles of natural justice. He describes the arrest as both “arbitrary and unlawful,” and has demanded immediate release on these grounds.
This marks Choksi’s second attempt before the Belgian appellate bench. Just days earlier, the same court had turned down his bail application in the very matter now before it.
Earlier Bail Application Denied
Last week, a three-judge panel in Antwerp heard arguments—presented in Dutch—and declined to grant Choksi bail. The diamond merchant, implicated in the ₹13,500-crore Punjab National Bank (PNB) fraud case, had been detained earlier this month after Indian authorities formally requested his extradition.
“We Can Apply for Bail as Many Times as Needed”
Speaking to the media outside the Antwerp courtroom, Vijay Aggarwal expressed disappointment at the bail refusal but highlighted that Belgium’s legal system allows multiple applications.
“Unfortunately, my client has been denied bail today. However, in Belgium, we can apply for bail as many times as needed. We will carefully consider the court’s observations and submit a fresh bail plea on new grounds soon.”
Grounds For Contesting Extradition
Beyond the immediate challenge to his arrest, Choksi’s legal team plans to oppose his extradition on two primary fronts:
Political Nature Of The Case
They maintain that the charges are politically motivated, and therefore ineligible for extradition under Belgian law.
Health and Treatment Concerns
Citing Choksi’s ongoing medical needs—he travelled to Belgium for specialized care—the team has raised doubts about the adequacy of treatment he would receive in India.
Choksi has also offered to participate in Indian investigations via video conference, underscoring his willingness to cooperate despite being abroad.
Previous Extradition Attempts & Medical Treatment
Aggarwal reminded the court that a prior bid to extradite Choksi from Dominica ended unsuccessfully. Following that episode, Choksi underwent cancer treatment in Antigua before making his way to Belgium seeking further care. The legal team has also pointed to procedural prerequisites—such as the issuance of non-bailable warrants back in 2018—that they say were overlooked in his arrest.
No new date has been set for the resumed hearing. Meanwhile, Choksi remains in custody in Antwerp as both his bail challenge and his extradition appeal wind their way through the Belgian courts. The case continues to unfold against the backdrop of one of India’s largest banking fraud investigations, with the Supreme Court of India and other jurisdictions watching closely.
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