A significant legal victory for India has emerged from Belgium, where a Court of Appeals has decisively ruled that fugitive diamantaire Mehul Choksi faces no threat of an unfair trial in India following his extradition. The court explicitly stated that Choksi failed to provide compelling evidence of any genuine risk of torture, inhumane, or degrading treatment.
The four-member indictment chamber in Antwerp confirmed the earlier decision by the pre-trial chamber on November 29, 2024, which greenlit Choksi’s extradition. This ruling upholds the enforceability of arrest warrants issued by a Mumbai special court on May 23, 2018, and June 15, 2021. However, a third warrant concerning the disappearance of evidence was not accepted by the Belgian court.
The Court of Appeals found Choksi’s submitted documents insufficient to support his allegations of being targeted in a political trial. It emphasized that the burden of proof lies with the individual to demonstrate substantial grounds for believing they face a real, present, and serious risk of a flagrant denial of justice or ill-treatment upon extradition to India.
Furthermore, Choksi’s assertions of being kidnapped by Indian agencies from Antigua and Barbuda and subsequently tortured in Dominica were not substantiated by the court. The records he provided did not conclusively indicate he was a victim of an Indian-orchestrated kidnapping in Antigua.
The court also addressed Choksi’s reference to an Interpol Red Notice being dropped by the Commission for the Control of Interpol’s Files (CCF) based on alleged kidnapping. The Court of Appeals noted that the CCF’s October 12, 2022 decision offered no clear confirmation and was phrased with caution and conditionality.
Crucially, the court found no substantial document from Choksi that would allow it to conclude a real risk of violating his right to a fair trial due to an alleged lack of independence among Indian judges.
This court order represents a major setback for the fugitive businessman, who is sought in connection with the monumental ₹13,000 crore fraud at Punjab National Bank (PNB). This scam was allegedly masterminded in collaboration with his nephew, Nirav Modi, who currently remains incarcerated in a London prison, also facing 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.
Officials familiar with the development confirmed that the Court of Appeals deemed Choksi’s arrest by Belgian authorities, made at India’s request, as valid. They noted this marks India’s initial success in the ongoing extradition proceedings against Mehul Choksi in Belgium, though he retains the option to appeal this decision to Belgium’s Supreme Court.
An official highlighted, “This is the first success for India in the ongoing extradition proceedings against Mehul Choksi in Belgium.”
Choksi, 66, has been held in Antwerp Prison since his arrest in April. His numerous bail applications have been denied, effectively challenged by Belgian prosecutors with assistance from the CBI. Prosecutors argued in court that Choksi poses a significant flight risk and should not be released from custody.
New Delhi has furnished Belgium with multiple assurances regarding Choksi’s safety, the nature of charges he would face during trial in India, prison conditions, human rights, and medical provisions. India has specifically guaranteed that if extradited, Choksi would be accommodated in Barrack No. 12 at Mumbai’s Arthur Road jail, ensuring no overcrowding or solitary confinement, as at least one other economic offender is expected to share the cell. The prison also offers daily newspapers in English and local languages, terrestrial TV channels, video-conferencing facilities, and telemedicine services.
The Union Home Ministry, through a communique dated September 4, assured Belgian authorities that the personal living space in Barrack No. 12 fully complies with 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’s extradition request also invoked the United Nations Convention against Transnational Organised Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC). 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 had fled to Antigua and Barbuda in the Caribbean before the scam came to light, acquiring citizenship there. Sources confirm that he remains an Indian citizen, as he has not renounced his Indian citizenship, a legal prerequisite. Following his detection in Belgium, the CBI, Ministry of External Affairs, and Home Ministry swiftly acted to secure his extradition to India to face justice.