india-assures-belgium-on-mehul-choksi-s-custody-in-pnb-fraud-case

The Ministry of Home Affairs (MHA), Government of India, has provided a formal letter of assurance to the Ministry of Justice and other relevant judicial authorities in the Kingdom of Belgium. The letter outlines the specific conditions under which Indian businessman Mehul Choksi, who is wanted in a bank fraud case, would be detained if he is extradited from Belgium to India.

The assurances, issued by the MHA in consultation with the Government of Maharashtra and prison authorities, detail a number of material, medical, and procedural safeguards. These measures are intended to address human rights concerns that have been raised during the extradition proceedings.

In response to India's request for Mehul Choksi's surrender in a case under investigation by the Central Bureau of Investigation (CBI), the assurances were provided. Choksi is charged with breaking several Indian legal provisions, such as Section 120-B (criminal conspiracy) and Sections 409, 420, 477A, and 201 of the Indian Penal Code (IPC), as well as pertinent sections of the Prevention of Corruption Act (POCA), 1988.

 

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The Government of India hopes to give the Belgian judicial authorities practical and practical assurances that Choksi's detention will adhere to internationally recognised minimum standards by giving them comprehensive details about the particular facility, occupancy restrictions, medical facilities, and supervision procedures.

The MHA letter specifies Barrack No. 12 at Arthur Road Jail in Mumbai as the designated facility for Choksi's detention. The letter includes several binding guarantees to ensure humane and dignified treatment. It states that each detainee will be given a minimum of three square metres of personal space, not including furniture, which aligns with the norms set by the Council of Europe's Committee for the Prevention of Torture (CPT). Barrack No. 12 has a maximum capacity of six people, and at the time of the report, the two cells that have been identified were unoccupied.

According to the letter, sleeping arrangements in the Barrack include a clean, thick cotton mat (referred to as a mattress), a pillow, a bed sheet, and a blanket. Metal or wooden beds may be provided if medically advised or court-ordered. The cells are equipped with grilled windows, ventilators, and ceiling fans. They are also subject to routine cleaning and pest control and are supplied with a continuous municipal supply of drinking water. The sanitation facilities include an attached toilet and bathroom, which are partitioned from the living area, with a flush toilet, a wash basin, and bathing amenities within the cell.

The letter states, "Detainees will receive adequate food three times daily, with accommodations for special dietary needs subject to medical approval. A jail canteen and provisions such as fruits and basic snacks are also available. Daily outdoor exercise is permitted in an open-to-sky yard, and indoor recreation includes board games and casual badminton. The jail also offers yoga, meditation, and access to a library and reading materials."

 

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Medical care is available 24/7 through a facility staffed by six medical officers, nursing orderlies, pharmacists, and laboratory support. A 20-bed prison hospital with ICU capability is also available. In emergencies, referrals can be made to the Sir J.J. Group of Hospitals, which is located approximately three kilometers away. Detainees also have the option to seek private medical care at their own expense. The MHA's letter assures that Choksi's pre-existing medical reports will be considered and that any necessary equipment and therapies will be provided free of charge, based on medical advice.

Barrack No. 12 is separate from the main prison complex and is monitored continuously via CCTV, with prison staff on duty. It houses non-violent prisoners, such as those accused of economic or white-collar offences, and is described as being free from overcrowding, violence, or extortion. Legal access is guaranteed, with daily meetings with lawyers (except on Sundays and public holidays), weekly visits from blood relatives, and access to telephone and video-conferencing facilities.

 

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The MHA claimed that the assurance could not be overridden by administrative or judicial discretion under Indian law, characterizing it as a sovereign commitment made in consultation with the state government and prison authorities.

The letter also describes the Barrack's oversight procedures, such as judicial supervision, National and State Human Rights Commission (NHRC/SHRC) inspections, and prison administration monitoring. There is also information on how to file a complaint and take corrective action for proven abuse.

Emphasis is placed on prison staff training. Prison officers receive a year-long intensive induction and further training, while guards go through a six-month initial programme and recurring refresher courses. The letter also mentions that staff training includes techniques like yoga and meditation to encourage self-control and restraint.

 

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This thorough framework was provided to help Belgian courts determine whether Choksi's conditions of detention in India would adhere to international human rights standards, especially those that forbid torture and inhuman or degrading treatment. In order to address concerns raised by Article 3 of the European Convention on Human Rights, such assurances are frequently used in extradition proceedings.

These guarantees, along with the legal and evidentiary conditions for surrender, will then be evaluated by Belgian courts, including the Chambers of Indictment in Antwerp, where extradition proceedings are reportedly at a high level. Choksi may be extradited to India to face trial in the CBI case if the guarantees are judged adequate and all legal requirements for extradition are satisfied. The terms outlined in the MHA letter will be central to any judicial evaluation of his prospective custodial treatment.

Choksi was arrested in Belgium in April following a formal request from Indian authorities. He and his nephew, Nirav Modi, are the main accused in the PNB fraud case, which involves fraudulent transactions.

 

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