New Delhi: Following the arrest of fugitive Indian businessman Mehul Choksi in Belgium, his legal team has announced plans to appeal against his custody, citing his deteriorating health and ongoing cancer treatment.

Choksi was taken into custody on Saturday after Belgian authorities confirmed his presence in the country. Sources have indicated that steps are underway to initiate his extradition to India. However, Choksi’s lawyers have already begun preparing for a legal defence, with bail being their immediate focus.

"Not a flight risk," says lawyer

Speaking to media, Choksi’s lawyer Vijay Aggarwal said, “My client, Mehul Choksi, has been arrested in Belgium, and at the moment, he is in custody. We will be starting the process of filing an appeal against this, and then, as a process of appeal, we will be requesting that he be pulled out of prison. The major ground for the plea is his ill health and that he is undergoing cancer treatment, and of course, he is not a flight risk at all.”

Aggarwal emphasised that Choksi has legitimate grounds to challenge the extradition based on his medical condition.

“There is no push. It is a process. Non-bailable warrants have been issued against him since 2018. It is a prerequisite for extradition that there has to be an open-ended, non-bailable warrant,” Aggarwal explained.

“Earlier, they tried to pick him up from Dominica, where they failed. So then, by the Dominican court order, my client was getting his treatment in Antigua. For his medical treatment, he had to go to Belgium, and he has been there getting his treatment for the cancer,” he added.

He further explained the procedure for extradition: “Arrest is a process. Whenever for any country, there is an extradition request made by another country wherein they have a treaty. First of all, the person has to be arrested, then the person has to show that he's got community ties, and then we have to show that he is not a flight risk and that there is a medical condition. So that's the only ground.”

Wanted in PNB fraud case

The 65-year-old diamond merchant fled India on 2 January 2018 and is wanted by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) for allegedly defrauding the Punjab National Bank (PNB) of Rs 13,850 crore. His nephew, Nirav Modi, is also accused in the same case.

Whistle-blower predicts a tough road ahead

Punjab National Bank scam whistle-blower Hariprasad SV expressed scepticism about India’s chances of successfully bringing Choksi back.

Speaking to the media, Hariprasad said, “Extradition is not an easy task. Choksi's wallet is full, and he will employ the best lawyers in Europe to avoid the process like what Vijay Mallya has been doing. I don't think it is going to be easy for India to get him back.”

Hariprasad also revealed that Choksi had allegedly defrauded around 100 franchises, many of which have filed complaints in various cities.

“The legal system in India is undoubtedly very great, but the extradition process depends on the country we are dealing with. This case is not going to be easy, as he has so much money,” he added.

ANI inputs