Mehul Choksi, accused in the R13,500 crore PNB fraud case, has urged the PMLA court in Mumbai to dismiss the ED's plea to declare him a fugitive economic offender. His lawyer argues Choksi didn’t flee India and is under custody in Belgium at India's request. A related plea in Belgian court also challenges his arrest citing due process violations
Mehul Choksi. Image/FilePic
Diamond merchant Mehul Choksi, who is the key accused in the Rs 13,500 crore Punjab National Bank (PNB) fraud case, has recently approached the Special Court under the Prevention of Money Laundering Act (PMLA) in Mumbai. Mehul Choksi seeks the dismissal of the Enforcement Directorate's (ED) application to declare him a fugitive economic offender (FEO).
As reported by ANI, Advocate Vijay Aggarwal appealed to the Bombay High Court that Choksi has argued that the legal basis for declaring him a fugitive is fundamentally flawed. He is currently lodged in a Belgian prison following his arrest recently, which was carried out on the basis of a non-bailable warrant issued by an Indian court and under an official extradition request made by the Indian government.
Advocate Vijay Aggarwal also contended that Choksi is, therefore, in the "constructive custody" of Indian authorities.
While speaking to the media, Choksi’s legal representative said, "How can someone be considered a fugitive when he has been arrested at the behest of India and is in custody due to Indian proceedings?"
He further explained that under the Fugitive Economic Offenders Act, a person must meet two conditions: one is leaving India to avoid prosecution, and the second, refusing to return to face legal proceedings.
Aggarwal said, "In my client's case, neither criterion is fulfilled; he left India for medical treatment in New York with due police clearance from Mumbai, and at that time, no case had been filed against him. So the allegation that he fled to evade prosecution is baseless."
As for his alleged refusal to return, Aggarwal pointed to a Dominican court order from 2021, issued after an alleged abduction attempt on Choksi. The order barred him from leaving Antigua, and significantly, it was passed in the presence of the CBI, effectively making it a restriction imposed with the knowledge of the Indian government.
Addressing more about Mehul Choksi seeking the dismissal of his ’fugitive’ tag, advocate Aggarawal stated that the FEO plea has been pending in the Mumbai court for years without resolution. "Now that my client has been arrested in Belgium, at India's request, and remains in custody in Antwerp prison in relation to Indian charges, he is effectively under Indian jurisdiction.” Adding that "Judicial precedents recognise such custody as valid under Indian law. Hence, there's no ground to continue the FEO proceedings."
Simultaneously, Choksi is currently also fighting legal proceedings in Belgium. In a recent petition filed before the Belgian Court of Appeal—prepared by Advocate Aggarwal and submitted by his local legal team—Choksi has alleged that his arrest violated Belgian legal procedures and fundamental rights, as per ANI.
The plea claims that Belgian authorities failed to follow due process, infringing on Choksi's basic legal protections and violating principles of natural justice. He has sought immediate release, citing these procedural lapses.
This petition follows the recent rejection of Choksi's bail by a three-judge bench of the Belgian Court of Appeal, which conducted proceedings in Dutch. The court has yet to schedule the next hearing on the matter.
(With ANI Inputs)
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