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Belgium's supreme court to hear Mehul Choksi's appeal against extradition on Dec 9

7 months ago 55

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NEW DELHI: The case of fugitive diamond trader Mehul Choksi challenging his extradition will come up for hearing before Belgium's supreme court -- the Court of Cassation -- on December 9, officials said on Thursday.

Choksi has challenged before Belgium's top court an October 17 ruling of the Antwerp Court of Appeal that upheld India's request for his extradition while terming it "enforceable".

In response to queries by the PTI, Advocaat-generaal Henri Vanderlinden said the Court of Cassation will hear the case on December 9.

The Court of Cassation only checks the decision of the court of appeal "on legal aspects" such as whether the court of appeal correctly applied the legal dispositions, and whether they follow the right procedure, he told PTI.

"So, new facts or evidence cannot be placed," he said.

"The proceedings are, in essence, a written one. As a rule, all cases are heard. If the court refuses to admit the appeal, it will be on legal grounds, for example, the person who filed the complaint did not have the legal competence to do so," Vanderlinden explained.

He said the parties must convey their complaints in writing "on the moment" they appeal to the court.

"They cannot add any other complaints after that moment. During the hearing, they can develop those complaints, but nothing else," he said, giving details about the procedure in the Court of Cassation.

On October 17, a four-member indictment chamber at the Court of Appeals in Antwerp did not find any infirmity in the orders issued by the pre-trial chamber of the district court on November 29, 2024, terming the arrest warrants issued by a Mumbai special court in May 2018 and June 2021 as "enforceable", allowing Choksi's extradition.

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