(MENAFN- Live Mint) In a significant development in the bid to bring back fugitive diamantaire Mehul Choksi, a court in Antwerp, Belgium, on Friday dismissed his appeal against extradition.

According to officials cited by PTI, the ruling marks a major step forward for India in its efforts to secure Choksi's return.

“In September, the Court of Appeals in Antwerp heard the appeal of Choksi, who was arrested in that country on April 11 on the basis of an extradition request sent by the CBI,” they said.

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“The Court of Appeals in Antwerp, Belgium, issued a preliminary judgment today, rejecting Mehul Choksi's appeal against extradition. This is a win and the first step towards his extradition. He may now appeal against this order before the Belgian Supreme Court in the next 15 days,” an official told PTI on condition of anonymity.

What did the court say?

The court order gave a major jolt to the fugitive businessman wanted for a ₹13,000 crore bank fraud in the Punjab National Bank, orchestrated in collusion with his nephew Nirav Modi, who is also facing extradition proceedings and is presently lodged in a London prison.

Of the total ₹13,000 crore, Choksi alone siphoned off ₹6,400 crore, the CBI alleged in its chargesheet.

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The Antwerp court held that Choksi's arrest by the Belgian authorities on India's request was valid, officials in the know of the development said.

“The order has come as a strong validation for India's case seeking his extradition, with Choksi having the option of appealing against the decision in the Supreme Court in Belgium,” they said.

Choksi's arrest

Choksi (66) has been in a prison in Antwerp since his arrest in April, with his multiple bail petitions rejected after they were effectively countered by the Belgian Prosecution, which was aided by the CBI since April this year.

"The order has come in our favour. The court has termed his arrest by the Belgian authorities on India's request valid. The first legal step in getting him extradited is now clear," a senior official said.

Belgian prosecutors were aided by Indian officials from the external affairs ministry and the CBI in putting forth strong arguments on Choksi's alleged role in orchestrating one of the biggest scams in the state-run Punjab National Bank in collusion with his nephew Nirav Modi.

The Union home ministry informed the Belgian authorities through a September 4 communique that the personal living space for each inmate in Barack No. 12 is in line with and fully meets the minimum space requirement of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of Europe.

CBI invokes UNTOC

The CBI also invoked United Nations Convention against Transnational Organized Crime (UNTOC) and United Nations Convention against Corruption (UNCAC) in its extradition request.

At least two open-ended arrest warrants, issued by a special court in Mumbai in 2018 and 2021, were shared by the Indian agencies with their Belgian counterparts as part of the extradition request, sources told PTI.

Choksi had fled to Antigua and Barbuda in the Caribbean, days before the scam was detected, where he had taken citizenship.

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The sources told PTI he continues to remain an Indian citizen as he has not renounced his Indian citizenship, a mandatory requirement under the law.

After he was stopped in Belgium, the CBI, the external affairs ministry, and the home ministry swung into action to get him extradited to India to face the law.

Choksi and his nephew Nirav Modi are wanted for swindling ₹13,000 crore through fraudulent letters of undertaking (LoUs) in connivance with some bank officials at PNB's Brady House branch in Mumbai, the officials said.

"Since the accused companies did not repay the amount availed against the said fraudulent LoUs and FLCs, PNB made the payment of ₹6,344.97 crore (USD 965.18 million), including overdue interest, to the overseas banks, which had advanced buyer's credit and discounted the bills against the fraudulent LoUs and FLCs issued by the PNB," the CBI's supplementary chargesheet in the PNB bank fraud case alleged.

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