New Delhi: Belgium’s highest judicial authority, the Court of Cassation, has rejected fugitive diamantaire Mehul Choksi’s appeal against India’s extradition request, endorsing a lower court’s finding that there is no real risk of a “flagrant denial of justice,” torture or inhuman and degrading treatment if he is sent back to India.

Imposing costs of 104 euros on Choksi, the apex court upheld the ruling of the Indictment Chamber of the Antwerp Court of Appeal, which had said the material submitted by him was insufficient to establish a “real, present and serious risk” of rights violations in India.

The Court of Cassation clarified that it does not re-examine facts or rule on whether extradition is fair or wise. Its mandate is limited to assessing whether the law was correctly applied and whether procedural requirements were followed. If lower courts apply the correct legal standards and provide adequate reasoning, the appeal must be rejected, officials said.

Also Read: India details custodial assurances for Mehul Choksi in extradition bid- What the MHA told Belgium

According to the order accessed by PTI, Choksi had challenged the Antwerp court’s findings by citing an alleged kidnapping attempt from Antigua, observations made by the Commission for the Control of Interpol’s Files (CCF), media coverage, and concerns over receiving a fair trial in India, including alleged violations of the presumption of innocence.

Interpol’s CCF had removed Choksi’s name from the Red Notice list in November 2022 following his appeal. The CCF operates independently of the Interpol Secretariat and is staffed mainly by elected lawyers from various countries.

Choksi also argued that the public prosecutor failed to submit information related to the CCF’s findings on the alleged kidnapping attempt to the pre-trial chamber of the Antwerp district court, which had earlier upheld the Mumbai court’s arrest warrants. This argument, however, was rejected by the Court of Cassation.

The court noted that even if the person was not summoned at the initial stage and even if the CCF decision was not initially submitted, defence rights were adequately safeguarded because Choksi had access to an appellate remedy.

It pointed out that during the appeal, the Indictment Chamber exercised full jurisdiction, heard the matter adversarially and examined all documents, including the CCF decision. As long as the individual can fully present his case at the appellate stage, there is no legal violation, even if the first-instance proceedings were imperfect, the court said.

The apex court found no infirmity in the Indictment Chamber’s ruling, which had upheld a November 29, 2024 order declaring the arrest warrants issued by a Mumbai special court in May 2018 and June 2021 as “enforceable,” thereby paving the way for Choksi’s extradition.

It also held that the refusal grounds under Article 2a, paragraph 2, of Belgium’s Extradition Act of 1874, relating to the risk of torture, did not apply “as a matter of law,” as stated in the Dutch-language order.

The bench was presided over by Filip Van Volsem, with Section President Erwin Francis and Justices Eric Van Dooren, Bruno Lietaert and Jos Decoker.

Choksi fled India in early January 2018, days before the Rs 13,000 crore Punjab National Bank (PNB) fraud came to light. At the request of the CBI and the Enforcement Directorate, Interpol issued a Red Notice against him in December 2018.

Of the total scam amount, Choksi alone allegedly siphoned off Rs 6,400 crore, according to the CBI’s chargesheet.

Choksi was later traced to Belgium, where he had reportedly travelled for medical treatment. India sent a formal extradition request to Belgium on August 27, 2024, based on arrest warrants issued by a Mumbai special court.

The public prosecutor at the Court of First Instance in Antwerp, Turnhout Division, initiated proceedings on November 25, 2025, seeking enforcement of the Indian arrest warrants. The pre-trial chamber subsequently ruled the warrants enforceable, except for the charge related to “causing the disappearance of evidence of the crime.”

India has provided Belgium with multiple assurances covering Choksi’s safety, trial conditions, prison arrangements, human rights protections and medical care, officials said.