NEW DELHI: After years on the run, fugitive diamond merchant Mehul Choksi was arrested in Belgium on Saturday. While Indian probe agencies are trying to extradite him to India, Choksi’s legal team has already begun preparing to challenge India’s request for his return.
His lawyer, Vijay Aggarwal, said that Choksiās detention will be contested on two primary grounds – the political nature of the case and serious concerns regarding his health and the state of Indian prisons.
“Basically, we will be defending it on two grounds. It is a political case and, secondly, because of the human condition in India,” Aggarwal stressed. “His human rights will be greatly affected.”
“My client was taken into custody on Saturday. At the moment, he is in prison. The procedure is not to apply for bail; the procedure is to file an appeal. During that appeal, the request is made that he should not be kept in detention. He should be permitted to defend himself, oppose the extradition request while not being in custody,” Aggarwal said.
Aggarwal specified the seriousness of Choksiās health condition, claiming he is undergoing cancer treatment and continues to suffer the aftereffects of a previous alleged kidnapping incident.
He is not a flight risk, he is extremely sick, he is undergoing treatment for cancer. When he was picked up from Antigua to be taken to Dominica by the Indian agencies, that time because of the torture, he is feeling claustrophobic, he has got permanent deformities, he is also facing Post-Traumatic Stress Disorder (PTSD). The case has become very strong.
Choksi’s lawyer, Vijay Aggarwal
Choksi is not a fugitive: Lawyer
Choksiās team also claims he has “never been declared a fugitive” under Indian law – a distinction they say could further weaken the extradition request.
āWe have always maintained in the entire court that he is ready to join, but because of his medical condition, he cannot travel. That is why we initially maintained that the Indian agency can investigate, and he will join on video conference … That is why, to date, everyone has been declared a fugitive, but Mehul Choksi is not a fugitive… Our case has been going on for years now,ā his lawyer added.
According to him, multiple applications have been submitted offering Choksiās cooperation via virtual means due to his health.
As of now, Choksi remains in custody in Belgium, but his defence is expected to move swiftly to ensure he can remain out of detention during legal proceedings. These arguments may play as a hurdle for Indian investigative agencies pursuing his extradition.
Choksi is accused of defrauding Punjab National Bank of nearly Rs 14,000 crore, alongside his nephew Nirav Modi. He fled India in January 2018 and later acquired Antiguan citizenship. His arrest in Belgium has rekindled hopes of justice ā but the road ahead appears far from simple.
