A Belgian court has unequivocally ruled that fugitive diamantaire Mehul Choksi faces no risk of an unfair trial in India following his extradition. The court underscored that Choksi failed to provide any substantial evidence to support his claims of potential torture, inhumane, or degrading treatment.
A four-member indictment chamber at the Court of Appeals in Antwerp fully upheld the earlier orders issued by the Antwerp district court on November 29, 2024, which initially permitted Choksi’s extradition.
The district court had deemed the arrest warrants issued by a Mumbai special court on May 23, 2018, and June 15, 2021, as “enforceable,” a decision now reaffirmed by the Court of Appeals in its order dated October 17. However, a third warrant, related to the disappearance of evidence, was not accepted by the Belgian court.
The Court of Appeals concluded that the documents presented by Choksi did not adequately substantiate his assertions of being the target of a political trial.
It clarified that the burden of proof lay with Choksi to furnish substantial grounds demonstrating a genuine risk of ill-treatment upon extradition.
In rejecting Choksi’s arguments that he would not receive a fair trial in India, the Court of Appeals stated that his documentation was insufficient to establish a “concretely plausible” real, present, and serious risk of him facing a flagrant denial of justice, torture, or inhumane and degrading treatment in India.
Choksi’s allegations that he was kidnapped from Antigua and Barbuda by Indian agencies and subsequently tortured in Dominica also failed to gain the court’s support. The court noted that the records submitted by the businessman did not “conclusively indicate” that his alleged kidnapping in Antigua was orchestrated by Indian authorities.
The fugitive businessman had cited an order from the Commission for the Control of Interpol’s Files (CCF) – an independent body ensuring data compliance with Interpol rules – which had allowed the Interpol Red Notice against Choksi to be dropped based on alleged kidnapping. He presented this as evidence that he might be subjected to torture in India.
However, the Court of Appeals deemed the CCF’s October 12, 2022 decision to be lacking clarity and framed in cautious, conditional terms, thereby offering no definitive substantiation for his claims.
The court reiterated that Choksi failed to present any significant document to support a real risk of his right to a fair trial being violated due to purported lack of independence among Indian judges.
This court order marks a significant setback for the fugitive businessman, who is wanted in connection with a colossal ₹13,000 crore fraud at the Punjab National Bank (PNB). The scam was allegedly orchestrated in collusion with his nephew, Nirav Modi, who is currently held in a London prison and is also facing his own extradition proceedings.
The Central Bureau of Investigation (CBI) has alleged in its chargesheet that Choksi alone siphoned off ₹6,400 crore from the total ₹13,000 crore involved in the fraud.
Officials familiar with the development stated that the Court of Appeals has affirmed the validity of Choksi’s arrest by Belgian authorities, which was carried out at India’s request.
This ruling provides strong validation for India’s case seeking his extradition, although Choksi retains the option to appeal this decision in Belgium’s Supreme Court.
An official commented, “This marks India’s first success in the ongoing extradition proceedings against Mehul Choksi in Belgium.”
Choksi, aged 66, has been incarcerated in Antwerp Prison since his arrest in April. His numerous bail petitions have been rejected, effectively countered by Belgian prosecutors, who received support from the CBI.
Prosecutors informed the court that Choksi poses a flight risk and should remain in prison, according to officials.
New Delhi has provided extensive assurances to Belgium concerning Choksi’s safety, the charges he would face during trial in India, prison arrangements, human rights, and medical needs.
India specifically assured Belgian authorities that, if extradited, Choksi would be housed in Barrack No. 12 at Mumbai’s Arthur Road jail, ensuring no overcrowding or solitary confinement, as he is expected to share the cell with at least one other economic offender.
The prison also offers access to daily newspapers in English and local languages, terrestrial TV channels, video-conferencing facilities, and tele-medicine services.
A communiqué from the Union Home Ministry on September 4 assured Belgian authorities that the personal living space for each inmate in Barrack No. 12 fully complies with the minimum space requirements set by Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).
The CBI’s extradition request also invoked the United Nations Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC).
Sources revealed 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 merely days before the multi-crore scam was uncovered, having already secured citizenship there.
According to sources, he maintains his Indian citizenship as he has not legally renounced it, a mandatory requirement under Indian law.
Upon Choksi’s detection in Belgium, the CBI, the Ministry of External Affairs (MEA), and the Home Ministry promptly initiated measures to secure his extradition to India to face legal proceedings.
Officials confirmed that both Choksi and Modi are accused of swindling ₹13,000 crore through fraudulent Letters of Undertaking (LoUs) from Punjab National Bank’s Brady House branch in Mumbai, allegedly in collusion with certain bank officials.