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Hindustan Times
01-07-2025
- Business
- Hindustan Times
Mehul Choksi challenges fugitive status in PNB fraud case from Belgian prison
Diamond merchant Mehul Choksi who is key accused in the ₹ 13,500 crore Punjab National Bank (PNB) fraud case, has approached the Special Court under the Prevention of Money Laundering Act (PMLA) in Mumbai, seeking the dismissal of the Enforcement Directorate's (ED) application to declare him a fugitive economic offender (FEO). Aggarwal contended that Choksi is, therefore, in the "constructive custody" of Indian authorities.(AP file) Through his counsel, Advocate Vijay Aggarwal, 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. Aggarwal contended that Choksi is, therefore, in the "constructive custody" of Indian authorities. "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?" Aggarwal told ANI. 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. "In my client's case, neither criterion is fulfilled," Aggarwal stated. "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. Aggarwal 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," he argued. "Judicial precedents recognise such custody as valid under Indian law. Hence, there's no ground to continue the FEO proceedings." Simultaneously, Choksi is 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. 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 in the matter.
India Gazette
01-07-2025
- India Gazette
Choksi opposes ED's fugitive offender plea, claims constructive custody in Belgium
New Delhi [India], July 1 (ANI): Diamond merchant Mehul Choksi who is key accused in the Rs 13,500 crore Punjab National Bank (PNB) fraud case, has approached the Special Court under the Prevention of Money Laundering Act (PMLA) in Mumbai, seeking the dismissal of the Enforcement Directorate's (ED) application to declare him a fugitive economic offender (FEO). Through his counsel, Advocate Vijay Aggarwal, 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. Aggarwal contended that Choksi is, therefore, in the 'constructive custody' of Indian authorities. '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?' Aggarwal told ANI. 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. 'In my client's case, neither criterion is fulfilled,' Aggarwal stated. '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. Aggarwal 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,' he argued. 'Judicial precedents recognise such custody as valid under Indian law. Hence, there's no ground to continue the FEO proceedings.' Simultaneously, Choksi is 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. 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 in the matter. (ANI)
Mint
29-04-2025
- Business
- Mint
Mehul Choksi suffers fresh legal blow as Belgian court adjourns second plea contesting arrest
A Belgian court has adjourned the hearing on a second plea filed by fugitive diamond merchant Mehul Choksi, demanding his immediate release and contesting his arrest, citing procedural irregularities. He was arrested by Belgian authorities earlier this month following an official request from Indian authorities for his extradition. Choksi, a key accused in the ₹ 13,500 crore Punjab National Bank loan fraud case, claimed that Belgian authorities failed to adhere to the prescribed legal procedures during his arrest. In his plea before the Belgian Court of Appeal, he also said that the authorities disregarded due process and violated his fundamental rights, contravening the principles of natural justice. This development comes just days after the Belgian court rejected Choksi's bail plea in the same case. Last week, a court in Belgium denied the bail plea of Mehul Choksi. A three-judge bench heard arguments in Dutch before ruling against granting bail. Choksi's lawyer Vijay Aggarwal told news agency ANI that Belgian law allows multiple bail applications. "Unfortunately, my client has been denied bail today. However, in Belgium, we can apply for bail as many times as needed. We will carefully consider the court's observations and submit a fresh bail plea on new grounds soon," Aggarwal said. He also reiterated that Choksi's legal team would contest his extradition on two main grounds--the political nature of the case and concerns regarding his medical condition and treatment in India. He earlier stated that Choksi has cooperated with Indian investigative agencies and has repeatedly offered to join the investigation via video conferencing due to his health issues. Earlier, Choksi's legal team had also pointed out procedural prerequisites for extradition, including the issuance of non-bailable warrants since 2018. Previous attempts to extradite Choksi from Dominica had failed, and Choksi had been receiving medical treatment in Antigua before travelling to Belgium for cancer care, said Aggarwal. The next date for the hearing has not yet been notified. First Published: 29 Apr 2025, 06:15 PM IST
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Business Standard
29-04-2025
- Business
- Business Standard
Mehul Choksi alleges violation of natural justice, seeks fresh relief
The Belgian Court of Appeal adjourned the hearing on a petition filed by Mehul Choksi, contesting his arrest following India's request for his extradition. In his latest plea, submitted by his Belgian legal team and drafted by Advocate Vijay Aggarwal, Choksi has claimed that Belgian authorities failed to adhere to the prescribed legal procedures during his arrest. He further contends that the authorities not only disregarded due process but also violated his fundamental rights, contravening the principles of natural justice. The fugitive diamond merchant has demanded his immediate release, citing procedural irregularities. This development comes just days after the Belgian Court of Appeal rejected his bail plea in the same case. Mehul Choksi, in his second plea before the Belgian court, has claimed that the process undertaken regarding his arrest is arbitrary and unlawful. This is the second plea made by Mehul Choksi before the court after his earlier plea seeking release (bail) was rejected by the Court last week. The next date for the hearing has not yet been notified. A court in Belgium last week denied the bail plea of Mehul Choksi, a key accused in the Rs 13,500 crore Punjab National Bank loan fraud case. A three-judge bench heard arguments in Dutch before ruling against granting bail. Choksi was arrested in Belgium earlier this month following an official request from Indian authorities. His lawyer, Vijay Aggarwal, was seen in Antwerp ahead of the bail hearing and later met Choksi in jail. Speaking to ANI, Vijay Aggarwal expressed disappointment over the court's decision but noted that Belgian law allows multiple bail applications. "Unfortunately, my client has been denied bail today. However, in Belgium, we can apply for bail as many times as needed. We will carefully consider the court's observations and submit a fresh bail plea on new grounds soon", he said. Aggarwal also reiterated that the legal team would contest his extradition on two main grounds--the political nature of the case and concerns regarding his medical condition and treatment in India. He earlier stated that Choksi has cooperated with Indian investigative agencies and has repeatedly offered to join the investigation via video conferencing due to his health issues. The legal team earlier also pointed out procedural prerequisites for extradition, including the issuance of non-bailable warrants since 2018. Aggarwal noted that previous attempts to extradite Choksi from Dominica had failed, and Choksi had been receiving medical treatment in Antigua before travelling to Belgium for cancer care. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
Hindustan Times
29-04-2025
- Business
- Hindustan Times
Mehul Choksi files fresh plea, accuses Belgian authorities of violating natural justice
Fugitive diamantaire Mehul Choksi has filed a fresh plea before the Belgian Court of Appeal, seeking relief against India's request for his extradition. He also accused Belgian authorities of violating the principles of natural justice. In his latest plea, submitted by his Belgian legal team and drafted by Advocate Vijay Aggarwal, Choksi claimed that Belgian authorities failed to adhere to prescribed legal procedures at the time of his arrest, news agency ANI reported. He argued that officials not only disregarded the due process but also violated his fundamental rights, breaching the principles of natural justice. Citing irregularities in the arrest procedures, Choksi demanded his immediate release. However, the court adjourned the hearing on his petition against his arrest. The development comes just days after the fugitive diamond merchant's bail plea was rejected by the Belgian Court of Appeal. Choksi is the key accused in the ₹13,500 crore Punjab National Bank (PNB) scam, along with his nephew Nirav Modi. It is alleged that the two used fraudulent Letters of Undertaking (LoUs) to obtain overseas credit or loans from Indian banks. In his second plea before the Belgian court, Choksi claimed that his arrest procedure was arbitrary and unlawful. Earlier in April, Belgian authorities arrested Mehul Choksi on an extradition request made by Indian agencies over the bank fraud. Choksi's lawyer, Vijay Aggarwal, speaking to ANI, expressed disappointment over the court's decision. However, he took note that the Belgian law allows for multiple bail pleas. "Unfortunately, my client has been denied bail today. However, in Belgium, we can apply for bail as many times as needed. We will carefully consider the court's observations and submit a fresh bail plea on new grounds soon", he said. Aggarwal reiterated that the legal team will contest the fugitive diamantaire's extradition mainly on two grounds -- the case's political nature, and his medical condition and treatment in India. Earlier, the lawyer had reportedly said that Choksi cooperated with Indian investigative agencies and has consistently offered to join their probe via video conferencing due to his health issues. Aggarwal also said that the previous attempts to extradite Choksi from Dominica had failed, noting that the Indian fugitive businessman had been under medical care in Antigua before travelling to Belgium for cancer care.
