A recent ruling by a Belgian court has delivered a significant blow to fugitive diamantaire Mehul Choksi, declaring that he faces no risk of an unfair trial in India following his extradition. The court explicitly stated that Choksi failed to provide sufficient evidence to substantiate any “serious risk” of torture, inhuman, or degrading treatment.
A four-member indictment chamber at the Court of Appeals in Antwerp affirmed the decisions made by the pre-trial chamber of the Antwerp district court on November 29, 2024, which greenlighted Choksi’s extradition.
The district court had earlier found arrest warrants issued by a Mumbai special court on May 23, 2018, and June 15, 2021, to be “enforceable.” This decision was fully endorsed by the Court of Appeals in its order dated October 17. However, a third warrant, concerning the disappearance of evidence, was not accepted by the Belgian court.
The Court of Appeals concluded that the documents presented by Choksi did not support his assertions that he is the target of a political trial.
The court clarified that it is the responsibility of the individual concerned to furnish substantial proof demonstrating a genuine risk of ill-treatment upon extradition.
In dismissing Choksi’s arguments against a fair trial in India, the Court of Appeals asserted that his documentation was inadequate to make it “concretely plausible” that he personally faces a real, present, and serious risk of a flagrant denial of justice, torture, or inhuman and degrading treatment in India.
Choksi’s allegations of being kidnapped from Antigua and Barbuda by Indian agencies and subsequently tortured in Dominica were also not supported by the court. It stated that the records provided by the businessman did not “conclusively indicate” that Indian authorities ordered his kidnapping in Antigua.
The decision by the Commission for the Control of Interpol’s Files (CCF) – an independent body ensuring adherence to organizational rules for personal data processed via Interpol – to drop the Interpol Red Notice against Choksi based on alleged kidnapping was referenced by the fugitive in Belgium. However, the Court of Appeals noted that the CCF’s October 12, 2022, decision offered no definitive clarity on the matter, being cautiously and conditionally formulated.
Furthermore, the court stated that Choksi failed to present any substantial document to convince the indictment chamber that there was a real risk of his right to a fair trial being violated due to an alleged lack of independence among Indian judges.
This court order represents a significant setback for the businessman, who is a key accused in the ₹13,000 crore Punjab National Bank (PNB) fraud. He is alleged to have orchestrated this massive financial fraud in collaboration with his nephew, Nirav Modi, who is currently imprisoned in London and also undergoing extradition proceedings.
The Central Bureau of Investigation (CBI) has claimed in its chargesheet that Choksi alone siphoned off ₹6,400 crore of the total ₹13,000 crore involved in the scam.
Officials familiar with the case confirmed that the Court of Appeals deemed Choksi’s arrest by Belgian authorities, made at India’s request, as valid.
This ruling strongly validates India’s case for his extradition, although Choksi still retains the option to appeal the decision in Belgium’s Supreme Court.
“This is the first major success for India in the ongoing extradition proceedings against Mehul Choksi in Belgium,” stated an official.
Choksi, 66, has been held in Antwerp Prison since his arrest in April. His numerous bail applications have been consistently rejected, largely due to strong counter-arguments from Belgian prosecutors, who were assisted by the CBI.
Prosecutors informed the court that Choksi poses a flight risk and should not be released from prison, according to officials.
New Delhi has provided Belgium with extensive assurances regarding Choksi’s safety, the nature of charges he would face in India, prison conditions, adherence to human rights, and medical provisions.
Indian authorities have assured their Belgian counterparts that, if extradited, Choksi would be housed in Barrack No. 12 at Mumbai’s Arthur Road jail. This facility ensures no overcrowding or solitary confinement, as at least one other economic offender is expected to share the cell. Amenities such as daily newspapers in English and local languages, terrestrial TV channels, video-conferencing, and tele-medicine services are available in the prison.
The Union Home Ministry, in a communique dated September 4, confirmed to Belgian authorities that the personal living space in Barrack No. 12 meets or exceeds the minimum space requirements set by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of Europe.
The CBI has also leveraged international agreements, including the United Nations Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC), in its extradition request.
Sources indicate that Indian agencies shared at least two open-ended arrest warrants, issued by the Mumbai court in 2018 and 2021, with their Belgian counterparts as part of the extradition request.
Choksi fled to Antigua and Barbuda in the Caribbean shortly before the fraud was exposed, where he acquired citizenship. However, sources confirm he remains an Indian citizen, as he has not formally renounced his Indian citizenship, a legal requirement.
Upon Choksi’s detection in Belgium, the CBI, the Ministry of External Affairs, and the Home Ministry swiftly coordinated efforts to secure his extradition to India to ensure he faces justice.
Both Choksi and Modi are wanted for allegedly defrauding the Punjab National Bank of ₹13,000 crore through the issuance of fraudulent Letters of Undertaking (LoUs), reportedly in connivance with certain officials at the PNB’s Brady House branch in Mumbai, officials confirmed.