Belgium’s Antwerp Court of Appeal has ruled that fugitive diamond trader Mehul Choksi is extraditable to India, rejecting his claims of political persecution and ensuring he faces trial in the Punjab National Bank (PNB) fraud case.ANI reported that the court confirmed the offences attributed to Choksi are punishable under both Indian and Belgian law, fulfilling the dual criminality requirement for extradition. The offences in India fall under Sections 120-B read with 201, 409, 420, and 477-A of the Indian Penal Code, alongside Sections 7 and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988, each carrying a sentence of more than one year.Belgian law recognises Choksi’s alleged crimes, including criminal organisation, swindle, embezzlement, and forgery, under Articles 66, 196, 197, 213, 240, 241, 245, 246, 247 SSSS2-4, 324a-b, and 496 of the Belgian Criminal Code. One charge, causing disappearance of evidence under Section 201 IPC, was excluded as it is not recognised under Belgian law.The court dismissed Choksi’s long-standing claims of political motivation, stating the 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.” His assertion that he had been kidnapped from Antigua at India’s behest was also rejected, with the court 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.”Expert reports and extensive defence documentation, including press articles, case law, and NGO reports, were found insufficient to demonstrate a real or present risk of ill-treatment or denial of justice. The ruling stated that “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.”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. Indian authorities assured Belgium that he would be housed at Arthur Road Jail in Mumbai, in Barrack No. 12, with adequate space, private sanitary facilities, medical care, and oversight by the National and State Human Rights Commissions. The court concluded that he had provided no credible evidence suggesting he would be denied medical care or fair treatment in India. A senior official described the ruling as a “significant validation” of India’s efforts, though Choksi retains the right to appeal in a higher Belgian court. His extradition now moves closer to execution, ending a major chapter in one of India’s largest banking fraud investigations. Go to Source
