Extradition hearing approaching, as Belgian Court repeats denial of bail for Mehul Choksi
Belgian Court Denies Bail to Mehul Choksi in PNB Fraud Case
In a significant development, the Belgian court of appeals has denied bail to Mehul Choksi, a key accused in the Punjab National Bank (PNB) loan fraud case. Choksi, along with his nephew Nirav Modi, is at the centre of the PNB fraud case, which involves fraudulent transactions worth billions of rupees.
The charges against Choksi include provisions of the Prevention of Corruption Act, as well as various sections of the Indian Penal Code (IPC), such as criminal conspiracy, cheating, and falsification of accounts. The offences are recognised as crimes under Belgian law, enabling the application of the dual criminality clause in India's request for his extradition.
India's Central Bureau of Investigation (CBI) has strengthened its extradition plea by citing the United Nations Convention against Transnational Organised Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC). The CBI has emphasised Choksi's history of evading legal proceedings as a reason for his continued detention.
Vijay Aggarwal, Choksi's Indian counsel, visited him in custody in April and announced plans to appeal the court's decision. Aggarwal outlined the defence's strategy to oppose extradition on two primary grounds: the politically motivated nature of the case and concerns over Choksi's medical treatment in India.
Choksi was arrested in Belgium in April following a formal request from Indian authorities. Prior to his arrest, he was receiving cancer treatment in Antigua. The defence has highlighted procedural requirements for extradition, including the issuance of non-bailable warrants dating back to 2018.
The evidence collection in the fraud accusation against Choksi in the United States is led by the U.S. Department of Justice. It is worth noting that Choksi is also wanted in connection with several other unrelated bank fraud investigations.
The defence has also referenced failed extradition attempts from Dominica during their arguments. Aggarwal argued that extradition could violate Choksi's human rights due to inadequate healthcare and potential political harassment. Choksi has repeatedly offered to participate in investigations via video conferencing due to health issues, and several applications have been submitted to facilitate virtual participation in investigations.
Choksi's bail hearing is scheduled for mid-September. The outcome of this hearing could significantly impact the course of the PNB fraud case, one of the most high-profile financial scams in recent Indian history.
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