Top Belgium court denies Mehul Choksi’s appeal, extradition process moves forward

Belgium’s top court has dismissed fugitive businessman Mehul Choksi’s challenge to his arrest in Antwerp, clearing a major hurdle in India’s attempt to bring him back to face trial. The Court of Cassation, Belgium’s equivalent of the Supreme Court, heard the matter in Brussels on Tuesday (December 9) and upheld a previous ruling supporting India’s extradition request, officials familiar with the case said.

Henri Vanderlinden, advocate general in Brussels, confirmed to Indian news website HT via email that the court had rejected Choksi’s appeal, meaning the decision of the Antwerp Court of Appeal remains valid. With the verdict now final, Indian officials say that formal extradition proceedings in Belgium can move ahead. Choksi, 65, has been lodged in an Antwerp prison since April 11 following a request issued by Indian authorities. He approached the Court of Cassation on October 30 after the Antwerp appellate court dismissed his plea on October 17. In that earlier judgment, the court rejected Choksi’s claims that he risked torture or unfair treatment if returned to India and ruled out the possibility that he was being politically targeted.

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The Antwerp court also rejected Choksi’s argument that he had been kidnapped in Antigua and Barbuda in May 2021 at India’s behest, saying that documents submitted by him did not substantiate such allegations. It noted that even Interpol’s 2022 decision to withdraw his Red Notice was inconclusive and cautiously worded.

In its findings, the Chamber of Accusation at the Antwerp court confirmed that two Indian court-issued warrants, dated May 23, 2018, and June 15, 2021, were legally enforceable. These warrants list charges of criminal conspiracy, breach of trust, fraud, embezzlement, and corruption, all of which carry at least one year of imprisonment in both countries, satisfying Belgium’s dual criminality requirement.

Indian investigators accuse Choksi of orchestrating six major bank frauds between 2018 and 2022 amounting to nearly ₹13,000 crore. The extradition request is backed by provisions from the IPC and the Prevention of Corruption Act, as well as international agreements under UNTOC and UNCAC. To address human rights concerns, India assured Belgian authorities that Choksi would be housed in Barrack No. 12 of Mumbai’s Arthur Road Jail, which meets European CPT standards. The Indian government also committed to providing clean water, adequate food, medical access, and other basic facilities, and clarified that he would not be placed in solitary confinement.