Belgian court clears way for extradition in major blow for Mehul Choksi; dismisses political, abduction claims

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 a major procedural hurdle in India’s attempt to bring him back to face trial in the Punjab National Bank (PNB) fraud case. The decision also dismissed Choksi’s claims of political bias and alleged abduction, reaffirming that the extradition request adheres to legal norms.

Which Offences Are Extraditable?

In its detailed judgment, the Antwerp court observed that the offences allegedly committed by Mehul Choksi fall under Indian law, specifically Sections 120-B read with 201, 409, 420, and 477-A of the Indian Penal Code, as well as Sections 7 and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988, each punishable with over one year in prison.

The court further confirmed that the alleged acts of criminal organisation, swindle, embezzlement, and forgery are also punishable under Belgian law, satisfying the principle of dual criminality, a key requirement for extradition.

However, the court excluded one charge—causing the disappearance of evidence under Section 201 IPC—as it is not recognised under Belgian law.

Why Did the Antwerp Court Reject Claims of Political Bias and Abduction by Mehul Choksi?

Mehul Choksi had argued that the extradition request was politically motivated and that he had been kidnapped from Antigua at India’s behest. The Antwerp Court rejected these claims, noting:

“The alleged offences cannot be considered political, military or non-extraditable tax offences, and 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.”

Regarding the abduction allegation, the court stated: “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.”

What Evidence Did Mehul Choksi Present and Why Was It Dismissed?

The Belgian court examined a “huge collection” of documents submitted by Choksi, including press articles, case law, and NGO reports concerning Indian prisons. It concluded that none established a real or present risk of ill-treatment or denial of justice.

“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.

The court also noted that the INTERPOL Commission for the Control of Files (CCF) decision dated 12 October 2022 was “inconclusive and cautious,” and expert reports submitted by Prof. Dr. F Tulkens, Sir K. Jones, and E Fitzgerald KC did not alter the findings.

Where Will Mehul Choksi Be Held in India?

Indian authorities have provided detailed assurances regarding Choksi’s detention. He is to be confined at Arthur Road Jail, Mumbai, in Barrack No. 12, which spans approximately 46 square metres, contains two cells with private sanitary facilities, and allows movement only for medical reasons or court appearances.

The court accepted that Choksi would remain under the control of judicial authorities, rather than investigative agencies, and that he would receive adequate medical care.

What Is the Background of the Mehul Choksi Case?

Mehul Choksi, wanted along with his nephew Nirav Modi for allegedly defrauding Punjab National Bank of over ₹13,000 crore, was arrested in Antwerp on 11 April 2025 after India issued a formal extradition request. He has remained in custody since, with multiple bail applications denied.

The Ministry of Home Affairs 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).