'No Risk Of Persecution': Belgium's Top Court Clears Way For Mehul Choksi's India Return

In a landmark legal victory for Indian investigative agencies, the Court of Cassation—Belgium’s highest judicial authority—has dismissed the final appeal of fugitive diamantaire Mehul Choksi. The order, released on Wednesday, upholds the previous ruling of the Antwerp Court of Appeal, effectively clearing the path for Choksi’s extradition to India to face charges in the Rs 13,000-crore Punjab National Bank (PNB) fraud case.

The Court of Cassation’s decision was categorical, endorsing the lower court’s view that Choksi failed to provide “concretely plausible” evidence to support his claims. The fugitive businessman had argued that his return to India would result in a “flagrant denial of justice” and that he faced a genuine risk of “torture or inhuman

and degrading treatment”. The Belgian judges, however, ruled that there were no substantial grounds to believe Choksi would be subjected to political persecution or an unfair trial in India.

A Decisive Legal Endgame

Choksi, who was arrested in Antwerp in April 2025 after being spotted seeking medical treatment, has exhausted several layers of the Belgian legal system over the past eight months. His defence team had repeatedly cited his 2021 “kidnapping” from Antigua to Dominica and the subsequent withdrawal of an Interpol Red Notice as evidence of a state-sponsored conspiracy. The Court of Cassation rejected these arguments, noting that the charges against him—including criminal conspiracy, cheating, and money laundering—constitute “extraditable offences” under both Indian and Belgian law.

A key factor in the court’s decision was the detailed set of diplomatic assurances provided by the Indian government. These assurances included:

Detention Conditions: India confirmed that Choksi would be held in Barrack No. 12 of Mumbai’s Arthur Road Jail, a facility that meets international standards with private sanitary facilities, proper ventilation, and light.

Medical Care: The authorities guaranteed access to specialised medical treatment, addressing Choksi’s claims regarding his fragile health, including his battle with cancer.

Fair Trial: India reaffirmed its commitment to a transparent judicial process, ensuring the presumption of innocence.

Strategic Impact for India

This ruling marks one of the most significant breakthroughs in India’s multi-year effort to bring back high-profile economic fugitives. By imposing a fine of €104 on Choksi for the dismissed appeal, the Belgian court underscored the finality of the judicial process.

With the legal pause now lifted, the Belgian executive branch is expected to issue the final surrender order shortly.