In a setback for fugitive businessman Mehul Choksi, a Belgian court of appeals has rejected his bail plea just days before his extradition hearing in the PNB loan fraud case. The CBI also submitted that if Choksi is granted bail, he will pose a significant flight risk and could potentially flee to another country.
Mehul Choksi. Image/FilePic
In a major setback to Indian fugitive Mehul Choksi, a Belgian court of appeal has once again denied bail. Choksi, a key accused in the multi-crore Punjab National Bank (PNB) loan fraud case, has not been in India since his scam was discovered. The decision by the Belgian court comes just days before his extradition hearing, scheduled for mid-September.
As reported by news agency ANI, sources have indicated that the court was persuaded by arguments from India's Central Bureau of Investigation (CBI). The CBI, while putting up their arguments, said that Mehul Choksi has a history of evading legal proceedings across multiple jurisdictions. The CBI also submitted that if Choksi is granted bail, he will pose a significant flight risk and could potentially flee to another country.
Choksi was arrested in Belgium in April following a formal request from Indian authorities. Along with Mehul Choksi, his nephew, Nirav Modi, is also one of the prime accused in the PNB fraud case. The case against Mehul Choksi and Nirav Modi involves fraudulent transactions in the public sector bank. In addition to this case, Choksi is reportedly wanted in connection with several other unrelated bank fraud investigations as well.
As reported by news agency ANI, Mehul Choksi’s Indian counsel, Vijay Aggarwal, was also seen in Antwerp ahead of the bail hearing. It has also come to light that Aggarwal visited Choksi in custody during April.
Following the arrest, Aggarwal announced plans to appeal the court's decision, citing Choksi's deteriorating health and ongoing cancer treatment. Aggarwal, while addressing Choksi’s bail plea to the media, said that "My client is currently in custody. We intend to file an appeal, stressing his medical condition and the fact that he poses no flight risk," as cited by news agency ANI.
Furthermore, Vijay Aggarwal, at a press conference in Delhi, also 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’s counsel argued that extradition could violate his human rights due to inadequate healthcare and potential political harassment.
Vijay Aggarwal also emphasised that Choksi has not been officially declared a fugitive and has cooperated with Indian investigative agencies. He asserted that Choksi has repeatedly offered to participate in investigations via video conferencing, citing his inability to travel due to health issues.
In Delhi, Aggarwal added that "he is willing to join the investigation virtually. Several applications have been submitted to facilitate this, but his medical condition prevents him from returning to India," as cited by news agency ANI.
Owing to the fact that Choksi faces charges under various sections of the Indian Penal Code (IPC), including criminal conspiracy, cheating, and falsification of accounts, as well as provisions of the Prevention of Corruption Act, his extradition from Belgium is on the cards. Choksi, along with his nephew Nirav Modi, has also been recognised as a criminal under Belgian law, thereby enabling the application of the dual criminality clause of the extradition treaty in India's request for his extradition.
(With inputs from ANI)
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