Mehul Choksi's legal team to appeal for bail on grounds of fugitive's ongoing cancer treatment

After already getting bail once in Dominica earlier, Fugitive Indian businessman Mehul Choksi, who was arrested in Belgium over the weekend, is preparing to challenge his detention through legal channels.

Meanwhile, preparations for his extradition to India are underway.

His lawyer, Vijay Aggarwal on Monday said that they will file an appeal for Choksi's release, highlighting concerns over his ill health and ongoing cancer treatment, ANI reported.

The Economic Times was the first to report that Choksi, who is wanted in India for allegedly defrauding Punjab National Bank (PNB) of Rs 13,850 crore, was taken into custody by local authorities after they confirmed his presence in the country. The 65-year-old diamantaire left India on January 2, 2018, and is also linked to his nephew Nirav Modi in the fraudulent activities involving PNB.

Also Read: Mehul Choksi Arrested- What are the crimes of the fugitive diamantaire who hit Indian banking sector

However, Aggarwal said that Choksi’s legal team is focused on securing bail due to his medical condition.

"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 told ANI in Delhi.

During a press conference on Monday, attorney Aggarwal announced that the defense team will contest the extradition of Mehul Choksi on two main grounds: the political nature of the case and concerns regarding the treatment of Choksi's health condition in India.

“His human rights will be greatly affected,” Aggarwal stated when queried about the potential lack of proper treatment and the risk of harassment by political parties following Choksi's extradition. He elaborated, “That's a procedure. Basically, we will be defending it on two grounds. It is a political case and, secondly, because of the human condition in India.”

Aggarwal said that Choksi has not been declared a fugitive, asserting that he has remained cooperative with Indian investigative agencies.

“We have always maintained in the entire court that he is ready to join, but because of his medical condition, he cannot travel,” he said. He also said that Choksi's case has been ongoing for years. “That is why we initially maintained that the Indian agency can investigate, and he will join on VC (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.”

Aggarwal mentioned that multiple applications have been submitted requesting virtual cooperation with the investigation due to Choksi's health issues.

“He did not come to India because of health reasons; he is ready to join the investigation anytime. On VC, they can ask him anything; he is ready to join. Number of times we have moved applications here; that is why he has not been cleared yet,” he added.

The legal team believes they have substantial grounds to contest the extradition request, particularly citing Choksi's health issues.

"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. 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.

Also Read: "Mehul Choksi’s wallet is full..."- PNB scam whistle-blower explains why extradition won’t be easy

"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," Aggarwal added.

Following Choksi's arrest, whistle-blower Hariprasad SV expressed skepticism about India's chances of securing his extradition.

"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 Maliya has been doing. I don't think it is going to be easy for India to get him back," he said, recalling Choksi’s previous evasion when he was caught in Dominica.

Hariprasad also mentioned the impact of Choksi's actions on numerous victims, stating, "He cheated at least 100 franchises, and most of them filed cases in different cities in India." He concluded, "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."

(With inputs from ANI)