Belgian court orders fugitive diamantaire Mehul Choksi’s extradition to India

A Belgian court on Friday ruled in favour of India’s request for extradition of fugitive businessman Mehul Choksi to face charges in the country. A court in Antwerp cleared the extradition of fugitive diamantaire Mehul Choksi, noting that his arrest by the Belgian authorities on India’s request was valid. The order has come as a strong validation for India’s case seeking the extradition of Choksi, who still has the option of appealing against the decision in a superior court in Belgium, said officials. “The order has come in our favour. The court has termed his arrest by the Belgian authorities on India’s request valid. The first legal step in getting him extradited is now clear,” said a senior official seeking anonymity.

Choksi fled India in 2018 after allegedly defrauding the Punjab National Bank in one of the biggest financial scams in the country and had been on the run since.

Indian officials assisted Belgian prosecutors

Indian officials from the External Affairs Ministry and the CBI played a key role in assisting Belgian prosecutors. They presented detailed arguments on Choksi’s alleged involvement in a Rs 13,000 crore Punjab National Bank scam that he had orchestrated in collusion with his nephew Nirav Modi. Prosecutors told the court that Choksi continues to be a flight risk and should not be released from prison, officials added.

Though Choksi has been granted the right to challenge the decision in a higher court, which can delay his immediate transfer to India, the verdict is a boost in the long-drawn proceedings.

Choksi was arrested by Antwerp Police on April 11, following India’s formal extradition request, and has since been held in a correctional facility. His multiple bail applications were rejected due to his high risk of fleeing again.

‘Criminal charges against him in India also punishable under Belgian law’

The Antwerp court ruled that the criminal charges pressed against him in India, including cheating, criminal conspiracy, breach of trust, destruction of evidence, and corruption, are also punishable under Belgian law and satisfy the international legal principle of “dual criminality”, a prerequisite for extradition between two countries.

India also referenced the UN Convention Against Corruption (UNCAC) and the UN Convention Against Transnational Organised Crime (UNTOC), both ratified by Belgium in the extradition trial proceedings.

The Central Bureau of Investigation (CBI) even sent multiple delegations to Belgium to present documentation and also retained a European law firm to coordinate legal proceedings and evidence submission.

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