Belgium’s Top Court Rejects Choksi’s Final Appeal, Clears Extradition Path To India

Belgium’s Court of Cassation this week rejected the final appeal filed by Mehul Choksi, the diamantaire wanted by Indian authorities in the ₹13,000-crore Punjab National Bank fraud case. The decision upholds earlier rulings by the Antwerp Court of Appeal and effectively ends Choksi’s legal avenues within the Belgian judicial system.

The court found that the charges against Choksi — including criminal conspiracy, cheating and money laundering — qualify as extraditable offences under both Belgian and Indian law. Judges also ruled that Choksi had failed to provide what they described as “concretely plausible” evidence to support his claims that extradition would expose him to political persecution, torture or an unfair trial in India.

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With the dismissal of the appeal, accompanied by a €104 fine imposed on Choksi, the matter now shifts from the courts to Belgium’s executive authorities, who are expected to issue the final surrender order.

India’s Assurances and the Weight of Diplomacy

Central to the Belgian court’s reasoning were diplomatic assurances provided by the Indian government, which judges said carried significant weight. Indian authorities assured the court that Choksi would be lodged in Barrack No. 12 of Mumbai’s Arthur Road Jail, a facility described as meeting international standards of sanitation, ventilation and natural light.

India also committed to providing specialised medical care, directly addressing Choksi’s repeated claims of serious illness, including cancer, and reaffirmed guarantees of a fair and transparent trial process. These assurances were deemed sufficient to mitigate concerns about detention conditions and judicial fairness, issues that often complicate extradition proceedings involving non-European jurisdictions.

The ruling reflects a broader trend in international extradition law, where courts increasingly rely on formal state assurances — particularly when human rights arguments are raised — provided they are specific, verifiable and backed by diplomatic accountability.

A Long Trail of Legal Resistance

Choksi’s extradition battle has been marked by persistent legal resistance across multiple countries. Arrested in Antwerp in April 2025 during a visit for medical treatment, he spent the next eight months filing successive challenges in Belgian courts, invoking both humanitarian and political grounds.

A recurring pillar of his defence was the claim that he had been “kidnapped” in 2021 from Antigua and taken to Dominica, an episode he argued demonstrated a state-backed conspiracy against him. He also cited the subsequent withdrawal of an Interpol Red Notice as evidence of bad faith by Indian authorities.

Belgian judges, however, rejected these arguments, concluding that past controversies did not establish a present and credible risk of abuse if Choksi were returned to India. The court found no substantive basis to believe he would face inhuman treatment or a denial of justice.

What Extradition Signals for India’s Pursuit of Fugitives

The decision marks a significant moment in India’s efforts to repatriate economic offenders who fled the country in the aftermath of major financial scandals. Alongside the parallel case of Nirav Modi in the United Kingdom, Choksi’s extradition proceedings have been closely watched as a test of India’s ability to navigate complex legal standards in foreign courts.

While the Belgian ruling does not itself place Choksi on a plane to Mumbai, it removes the most formidable obstacle: judicial resistance. The remaining steps are administrative, not legal, and typically proceed swiftly once courts have spoken definitively.

For Indian investigators, the case underscores the growing importance of detailed diplomatic engagement — from prison conditions to medical care — in securing cooperation from foreign jurisdictions. For Choksi, it signals the nearing end of a prolonged international legal saga, one that began with a banking fraud and now appears poised to return to the courtroom where it first took shape: in India.