Has a Belgian court approved the extradition of Mehul Choksi to India?

Synopsis
Key Takeaways
- Belgian court approves Choksi's extradition.
- 15 days allowed for appeal before the Supreme Court.
- Charges involve Rs 13,000 crore fraud at PNB.
- India presented strong evidence including international treaties.
- Humanitarian conditions assured for Choksi in Indian custody.
Antwerp, Oct 17 (NationPress) In a major triumph for Indian law enforcement, a court in Antwerp has sanctioned the extradition of fugitive diamond dealer Mehul Choksi back to India, affirming the legality of his arrest this year and clearing the path for him to confront allegations in one of the country's most extensive banking frauds.
The 66-year-old is charged with masterminding a massive Rs 13,000 crore fraud at Punjab National Bank (PNB), and he now has a period of 15 days to contest this ruling before Belgium's Supreme Court, which may postpone his immediate extradition.
Choksi, who was taken into custody by Antwerp authorities on April 11 following a request from India's Central Bureau of Investigation (CBI), has been in detention for over four months. His multiple requests for bail have been denied, with the court labeling him a significant flight risk.
During the hearing on Friday, Belgian prosecutors, acting on behalf of New Delhi, faced off against Choksi's legal team.
The judges concluded that the detention met legal criteria, satisfying the dual criminality requirement: offenses such as criminal conspiracy, cheating, criminal breach of trust, destruction of evidence, and corruption—charged under IPC Sections 120B, 201, 409, 420, and 477A, along with the Prevention of Corruption Act's Sections 7 and 13—are punishable under Belgian statutes.
India reinforced its argument by referencing international agreements, including the United Nations Convention against Transnational Organised Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC), both of which Belgium has ratified. CBI officials made three trips to Antwerp to present evidence and engaged a European law firm for assistance.
Documentary evidence revealed six instances of bank fraud from 2018 to 2022, involving fraudulent Letters of Undertaking (LoUs) and Foreign Letters of Credit (FLCs) issued without margins, culminating in PNB's payout of Rs 6,344.97 crore in defaults, plus interest.
A contentious point has been Choksi's citizenship status. He asserts that he renounced Indian citizenship on December 14, 2018, after acquiring citizenship in Antigua in November 2017. India disputes this claim, maintaining that he remains an Indian citizen and is therefore subject to extradition.
To alleviate humanitarian concerns, India's Ministry of Home Affairs has assured that Choksi will be held in humane conditions at Mumbai's Arthur Road Jail, Barrack No. 12—adhering to standards set by the European Committee for the Prevention of Torture. The facilities will include clean water, nutritious meals, access to newspapers, television, a private doctor, and no solitary confinement.
The cell will come equipped with a clean cotton mat, pillow, bedsheet, blanket, and optional metal bed for medical reasons. Daily cleaning, fresh water, outdoor exercise, rest areas, and recreational activities like chess, carrom, and badminton will be provided, alongside stringent security measures.
This latest development concludes an eight-year chase since Choksi absconded from India in January 2018, shortly before the PNB scam was revealed that February. His nephew, Nirav Modi, is currently facing similar extradition efforts in the UK.
Officials have celebrated this ruling as a “significant milestone,” reinforcing India's commitment to pursuing economic fugitives. If the appeal fails, Choksi could soon board a flight back to India, where he will confront a complex saga that has strained diplomatic relations and public confidence in financial institutions.