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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. –
