Mehul Choksi’s legal team to file appeal for his release on grounds of cancer treatment

Following the arrest of Indian businessman Mehul Choksi by the law enforcement authorities in Belgium, his lawyer, Vijay Aggarwal, stated that Choksi’s “human rights" will be “greatly affected" if he is extradited back to the country.

During a press conference on Monday, Aggarwal stated that the defence team would challenge the extradition on two primary grounds: the political nature of the case and concerns about the proper treatment for Choksi’s health condition in India.

“His human rights will be greatly affected," Aggarwal said when asked if Choksi would not get any proper treatment and would be harassed by political parties after he is extradited back to India.

“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 added.

He further claimed that Choksi had not been declared a fugitive because he had remained cooperative with Indian probing agencies. He further added that a case on this matter has been going in for years.

“We 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 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 said.

He added that several applications had been filed requesting virtual cooperation with the investigation due to Choksi’s health concerns.

“At the moment, he is in prison and there (Belgium), the procedure is not to apply for bail but file an appeal. During that appeal, request is made that he should not be kept in detention and he should be permitted to defend himself and oppose the extradition request while not being in custody," Agarwal told reporters.

He said their legal defense would be that this is a “political case and the human condition (in Indian prisons) was not good". “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," Aggarwal said.

Aggarwal confirmed that Choksi was taken into custody on Saturday and is currently in prison in Belgium.

“The procedure is not to apply for bail; the procedure is to file an appeal, and during that appeal, the request is made that he should not be kept in detention. He should be permitted to defend himself and oppose the extradition request while not being in custody," he said.

Providing further details on Choksi’s medical condition, Aggarwal stated, “He is extremely sick. He is undergoing treatment for cancer, and the last time he was picked up from Antigua by the Indian agencies, because of the torture, he was feeling very claustrophobic and had got some permanent deformities, as well as suffering from PTSD." Aggarwal said these would be the basis for the request that Choksi be allowed to remain out of custody while contesting the extradition case.

Earlier, Choksi was arrested in Belgium on Saturday after local authorities confirmed his presence in the country.

The 65-year-old fugitive diamond merchant who left India on January 2, 2018, is wanted by the CBI and the Enforcement Directorate (ED) for allegedly defrauding the PNB of Rs 13,850 crore. His nephew, Nirav Modi, was also involved with him in the fraud.

Choksi allegedly connived with his associates and other Punjab National Bank (PNB) officials from 2014 to 2017 and fraudulently obtained Letters of Undertaking and Foreign Letters of Credit from PNB, resulting in a wrongful loss of Rs. 6097.63 crore to PNB.

 ANI/PTI inputs  

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