The Antwerp Court of Appeal has ruled that the offences attributed to fugitive diamond trader Mehul Choksi are extraditable under both Indian and Belgian law, clearing the path for his return to India to face trial in the Punjab National Bank (PNB) fraud case.
In its detailed judgement, the court noted that the offences are punishable under Indian law through Sections 120-B read with 201, 409, 420, and 477-A of the Indian Penal Code (IPC), as well as Sections 7 and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988, each carrying a sentence exceeding one year. The court further determined that the alleged conduct—criminal organisation, swindle, embezzlement, and forgery—is also punishable under Belgian law, specifically under Articles 66, 196, 197, 213, 240, 241, 245, 246, 247 SSSS2-4, 324a-b, and 496 of the Belgian Criminal Code. This satisfies the principle of dual criminality required for extradition.
However, the court excluded one charge—causing the disappearance of evidence under Section 201 IPC—stating that this offence is not recognised under Belgian law and thus cannot be included in the enforceable declaration.
The judgement clarified that the alleged acts took place in India between December 31, 2016, and January 1, 2019, and that prosecution is not time-barred under either Indian or Belgian law.
The Antwerp court dismissed Choksi’s arguments that the extradition request was politically motivated or violated his fundamental rights. It stated that the alleged offences "cannot be considered political, military or non-extraditable tax offences" and that "there are no grounds to believe that the request was made with the intention of prosecuting or punishing a person on the grounds of his race, religion, nationality, or political affiliation."
The court also rejected Choksi’s long-standing claim that he was kidnapped from Antigua on India’s instructions, noting that "it cannot be inferred from the documents supplied by the person concerned that he was kidnapped in Antigua on the instructions of the Indian authorities."
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The court found the INTERPOL Commission for the Control of Files (CCF) decision dated 12 October 2022 to be "inconclusive and cautious". Expert reports submitted by Prof Dr F Tulkens, Sir K Jones, and E Fitzgerald KC did not alter the court’s findings.
Choksi’s defence submitted a "huge collection" of documents, including press articles, case law, and NGO reports about Indian prisons, but the court found that none of these established a real or present risk of ill-treatment or denial of justice. It further noted that comparisons with cases of Sikh activists or prisoners in Tihar Jail were "not applicable" to Choksi’s situation.
"The documentation provided by the person concerned is not sufficient to establish in concrete terms that he personally runs a real, present and serious risk of being subjected to flagrant denial of justice or to torture or inhuman and degrading treatment in the requesting state," the ruling stated.
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The judgement highlighted that Indian authorities provided detailed assurances regarding Choksi’s detention conditions and medical care. The note specified that he will be confined at Arthur Road Jail, Mumbai, in Barrack No. 12, which spans approximately 46 square metres and includes two cells with private sanitary facilities. He will only be moved for medical reasons or court appearances and will remain under the control of judicial courts, not investigative agencies.
The court concluded that Choksi provided no credible evidence to suggest he would be denied medical care or fair treatment in India.
Choksi, wanted alongside his nephew Nirav Modi for allegedly defrauding Punjab National Bank of over ₹13,000 crore, was arrested in Antwerp on April 11, following India’s formal extradition request. He has remained in custody since, with multiple bail pleas denied.
The Ministry of Home Affairs (MHA) had previously submitted a comprehensive assurance to Belgium, detailing custody arrangements, healthcare provisions, and oversight by the National and State Human Rights Commissions (NHRC/SHRC).
Also Read: India assures Belgium on Mehul Choksi’s custody in PNB fraud case
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