The Supreme Court of Belgium, in an order issued on Wednesday, rejected the appeal of fugitive diamond merchant Mehul Choksi against India’s extradition request. Along with this, the Supreme Court has supported the lower court’s view that there is no basis for Mehul Choksi’s claims of denial of justice, torture or inhuman and degrading treatment in India.
Imposing a fine of 104 euros on Mehul Choksi, the Supreme Court found that the documents produced by Choksi were insufficient to prove that he was in grave danger of being subjected to flagrant denial of justice or of torture or inhuman and degrading treatment.
According to news agency PTI report, Choksi based his arguments on his claims of an alleged kidnapping attempt from Antigua, the stance taken by Interpol’s Control Commission of Files (CCF) on the alleged incident, and the possibility of him not getting a fair trial in India based on media coverage.
Based on Choksi’s appeal, the Supreme Court had removed his name from the Interpol Red Notice list in November 2022. The CCF is an independent body of Interpol that is not under the control of the Interpol Secretariat. It is staffed mainly by elected lawyers from different countries, where people can challenge decisions declaring them fugitives.
Choksi’s argument of suppressing information related to the CCF’s findings on the attempt to kidnap him from Antigua did not find support even in the Belgian Supreme Court. The Supreme Court found that the decision of a special court in Mumbai to declare the arrest warrants issued in May 2018 and June 2021 as enforceable was correct.
The Supreme Court also upheld the decision by holding that the grounds of refusal under Article 2A, paragraph 2 (on possible torture) of the Extradition Act 1874 do not apply as a matter of law. Mehul Choksi had fled India in the first week of January 2018, days before the Rs 13,000 crore scam in PNB was unearthed. On the request of CBI and ED, Interpol had included his name in the list of most wanted fugitives called Red Notice in December 2018.
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