Antwerp: Belgium’s Antwerp Court of Appeal has cleared fugitive diamond trader Mehul Choksi for extradition to India, rejecting all claims of political persecution. The court confirmed that the offences attributed to Choksi are punishable under both Indian and Belgian law, making his extradition fully compliant with international legal standards.
Court Rules Crimes Are Not Political, Extradition Justified
The court recognized Choksi’s alleged crimes—including fraud, criminal conspiracy, breach of trust, and forgery—as offences under both jurisdictions.
The court stated, “These offences cannot be classified as political, military, or non-extraditable tax offences.”
In India, Choksi faces charges under Sections 120-B (criminal conspiracy), 201 (destruction of evidence), 409 (criminal breach of trust), 420 (cheating), and 477-A (accounting fraud) of the Indian Penal Code (IPC). He is also charged under the Prevention of Corruption Act, 1988, Sections 7 and 13(2) read with 13(1)(c) and (d).
Belgium, meanwhile, recognizes his alleged crimes under its criminal code, including criminal organisation, swindle, embezzlement, and forgery, fulfilling the principle of dual criminality.
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India Assures Fair Trial and Humane Treatment
The court dismissed Choksi’s claim that he had been kidnapped from Antigua at India’s behest.
It noted, “The documents provided do not substantiate that any abduction occurred under instructions from Indian authorities.”
Expert reports, media articles, and NGO submissions presented by Choksi’s legal team were deemed insufficient to demonstrate a real, present risk of denial of justice or ill-treatment in India.
“The documentation does not establish a concrete risk of inhuman or degrading treatment or denial of fair trial in the requesting State.” The Court Observed.
India Provides Detailed Humanitarian Assurances
India assured Belgium that Choksi, once extradited, would be housed in Barrack No. 12 at Arthur Road Jail, Mumbai, with adequate space, private sanitation, medical care, and supervision by the National and State Human Rights Commissions. The court accepted that there was no credible evidence suggesting he would be denied medical care or fair treatment in India.
A senior Indian official called the ruling a “significant validation of India’s sustained efforts” and emphasized that Choksi’s extradition reinforces India’s commitment to legal transparency and accountability in high-value fraud cases.
₹13,000 Crore PNB Scam: Extradition Brings Investigation Closer
Choksi and his nephew Nirav Modi are central figures in one of India’s largest banking frauds—the ₹13,000 crore Punjab National Bank scam. Choksi was arrested in Antwerp in April 2025, and with this court ruling, his extradition moves significantly closer to execution, paving the way for India to bring him to trial. Choksi retains the right to appeal to a higher Belgian court.
