In a significant legal development, a Belgian court has confirmed that the offences cited by India in Mehul Choksi’s extradition case are recognised under Belgian law, marking a setback for the fugitive diamond trader.
Court Validates Extradition Charges
The Court of Appeals in Antwerp, in its ruling last week, approved Choksi’s extradition to India and upheld the legality of his arrest by Belgian authorities earlier this year. The 66-year-old businessman was detained by Antwerp police on April 11 following India’s formal extradition request and has remained in a Belgian prison since then, with multiple bail pleas denied due to his potential flight risk.
The Chamber of Accusation at the Court of Appeals, in its order dated October 17, stated that charges including criminal conspiracy, cheating, forgery, and corruption are punishable by over a year of imprisonment under both Indian and Belgian law. “The alleged acts occurred in India between the end of 2016 and the beginning of 2019. These offences are punishable in Belgium by a prison term of more than one year, as specified under several articles of the Belgian Criminal Code,” the court noted.
However, not all charges in India were recognised. “The aforementioned facts in the extradition request described under D/ the disappearance of evidence of the crime and punishable under Section 201 of the Indian Penal Code 1860 ‘Causing the disappearance of evidence of a criminal offence’, have not been criminalised in Belgium. Consequently, the declaration of enforceability cannot be authorised for those facts,” the court said.
No Evidence of Political Persecution
The court also examined claims by Choksi’s defence regarding potential political persecution, risk of unfair trial, or mistreatment. “The documentation provided by the person concerned is not sufficient to establish in concrete terms that the person concerned personally runs a real, present and serious risk of being subjected to flagrant denial of justice or to torture or inhuman and degrading treatment,” it concluded.
Impact on Choksi and Related Cases
The ruling presents a major hurdle for Choksi, who is wanted in India for orchestrating a Rs 13,000 crore fraud at Punjab National Bank along with his nephew Nirav Modi. According to the CBI, Choksi alone siphoned off Rs 6,400 crore. Nirav Modi is currently in a London prison, facing similar extradition proceedings.
With Belgian authorities recognising the majority of charges and dismissing claims of risk or political bias, the legal path now favors India’s efforts to bring Choksi back to face trial.
