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Imposing a fine of 104 euros on Choksi, the court upheld the view of the Prosecution Chamber of the Antwerp Court of Appeal, stating that the documentation provided by Choksi was insufficient to make it convincingly plausible that he faces a real, present and serious risk of a denial of justice or of torture or inhuman and degrading treatment in the requesting State.
The Court of Cassation does not re-examine the facts or decide whether extradition is appropriate or wise. Its role is limited to checking whether the law was correctly applied and whether procedural rules and reasoning duties were respected.
If lower courts applied the correct legal standards and gave reasons, the Court of Cassation should reject the appeal, even if the outcome is controversial, officials said.
The Court of Cassation order seen by PTI shows that Choksi had raised his arguments against the possibility of him not getting a fair trial in India on the basis of the approach adopted by the Prosecution Chamber on his claims of the alleged kidnapping attempt from Antigua, the approach adopted by the Commission for Control of Interpol’s files (CCF) on the alleged incident, media coverage and violation of the presumption of innocence among other arguments.
Based on Choksi’s appeal, CCF had removed his name from the Interpol Red Notice list in November 2022. The CCF is a separate Interpol body that is “not under the control” of the Interpol Secretariat and is staffed primarily by elected lawyers from different countries where people can challenge the decision to declare them a fugitive.
Choksi’s contention that the prosecutor withheld information of the CCF’s findings on the attempt to kidnap him from Antigua from the pre-trial chamber of the Antwerp district court, which had upheld the warrant from the Mumbai court, did not find support even in the top court in Belgium.
The Court held that even though the individual was not summoned and even though the Interpol CCF decision was not initially presented, his defense rights were still adequately protected because he could appeal.
It said on appeal, the Prosecution Chamber had full jurisdiction, heard the case adversarially and examined all documents, including the CCF decision.
Belgium’s top court said that as long as the person can fully argue his or her case on appeal, there is no legal violation, even if the first process is incomplete.
The Cassation Court found no fault in the findings of the Prosecution Chamber, which had upheld a lower court order dated November 29, 2024, which had declared the arrest warrants issued by the Mumbai special court in May 2018 and June 2021 as “enforceable”, paving the way for Choksi’s extradition.
It states that the decision of the Prosecution Chamber responds to and rejects the applicant’s defense put forward in the appeal, without responding to every argument given in support of this defence, without constituting a separate defence.
It also upheld the decision that the grounds for refusal under Article 2A, paragraph 2 of the Extradition Act 1874 (on possible torture) do not apply as a matter of law, the order, delivered in Dutch, said.
The court was presided over by Philippe Van Volsem, Section President Erwin Francis and Judges Eric Van Dooren, Bruno Lietert and Jos Decocker.
Choksi had fled India a few days ago in the first week of January 2018. Fraud of Rs 13,000 crore detected in PNB.
On the request of CBI and ED, Interpol included his name in the list of most wanted fugitives called Red Notice in December 2018.
of Choksi alone has committed a scam of Rs 13,000 crore The Central Bureau of Investigation (CBI) has alleged Rs 6,400 crore in its charge sheet.
Choksi was seen in Belgium where he had reportedly arrived for treatment.
India had sent the extradition request to Belgium on August 27, 2024, based on the arrest warrant issued by the special court in Mumbai.
The public prosecutor of the Court of First Instance in Antwerp, Division Turnhout initiated an action on November 25, 2025, seeking to enforce the arrest warrant issued by the Mumbai court.
The Pre-Trial Chamber of the Antwerp District Court, Turnhout Division, in its order dated November 29, 2024, declared that the arrest warrants issued by the Mumbai court against Choksi were enforceable, except for the order relating to “disappearance of evidence of crime”.
India has given several assurances to Belgium regarding Choksi’s security, charges against him during his trial in India, prison system, human rights and medical needs.