The Belgian Court of Cassation, the country’s highest court, on Tuesday rejected fugitive businessman Mehul Choksi’s appeal against his arrest in Antwerp based on an extradition request by India, the Hindustan Times reported.

The top court’s decision means that the ruling by the Belgian Court of Appeal stands, Advocate General Henri Vanderlinden told the newspaper.

Choksi, who is wanted by the Central Bureau of Investigation and the Enforcement Directorate in India, was taken into custody by Belgian authorities in April on the basis of an extradition request from New Delhi.

Choksi is one of the prime accused, along with his nephew Nirav Modi, in the PNB fraud case.

On October 17, the Antwerp Court of Appeals ruled that Choksi’s arguments against extradition to India were “irrelevant” and dismissed his claims that he may face unfair treatment or torture upon return.

The court held that Choksi had failed to provide sufficient evidence to substantiate his apprehensions of “flagrant denial of justice” or a risk of “inhuman or degrading treatment” in India.

Choksi had argued that extradition would violate his right to a fair trial, citing concerns about India’s judicial independence and the possibility of political persecution.

He also reiterated claims that he had been abducted from Antigua and Barbuda and subjected to torture in Dominica by Indian agencies. However, the Belgian Court of Appeals found no substantial evidence to support these claims.

The court further rejected his argument that the charges against him were politically motivated.

Choksi had appeal the ruling before the Belgium’s top court.

The case

The PNB fraud case came to light in February 2018 when the bank informed the stock exchange BSE that it had detected “fraudulent and unauthorised transactions” worth Rs 11,380 crore at a branch in South Mumbai.

A few officials of the public sector bank had allegedly issued fraudulent Letters of Undertaking to Modi’s companies, resulting in the loss of Rs 6,097 crore to PNB.

Choksi had also defaulted on another loan taken from the ICICI Bank.

He had fled India for Antigua and Barbuda in January 2018, a few weeks before the fraud came to light and secured the citizenship of the Caribbean country.

Choksi had since been living in Belgium with a residency card but was arrested in April.