The Belgian court ruled that it has “no obstacle” in sending the fugitive diamond trader and Punjab National Bank scam accused Mehul Choksi back to India. The court ruled that there is no legal barrier
to Choksi’s extradition to India.
A Belgian court in Antwerp, on October 17, approved the extradition of Mehul Choksi to India in connection with Rs 13,500-crore Punjab National Bank fraud case. The court upheld the legality of his April arrest by Belgian authorities, marking a key advance in New Delhi’s pursuit of the absconding jeweller.
The court stated that Choksi is not a Belgian citizen but a foreign national, and the charges against him are serious enough to justify his extradition.
According to the court’s order, the offences cited by India — including fraud, forgery, document falsification, and corruption — are also considered crimes under Belgian law. The court observed that the cases registered in India fall under sections 120B, 201, 409, 420, and 477A of the Indian Penal Code (IPC), as well as sections of the Prevention of Corruption Act, all of which carry imprisonment of more than one year.
The court further noted that Choksi’s role in these offences could involve participation in a criminal gang, fraud, corruption, and the use of forged documents — all considered serious offences under Articles 66, 196, 197, 213, 240, 241, 245, 246, 247, and 496 of the Belgian Criminal Code.
However, the court clarified that one of the charges from India — destruction of evidence (IPC Section 201) — is not recognised as a crime under Belgian law; hence, extradition cannot be granted on that specific count.
The ruling stated that the alleged crimes took place between December 31, 2016, and January 1, 2019, and that the statute of limitations had not expired in either India or Belgium.
Choksi had argued in court that he was allegedly abducted from Antigua and faced the threat of political persecution and inhumane treatment in India. But the court found no concrete evidence to support those claims.
Referring to details provided by the Indian government, the court noted that Choksi would be kept in Barrack No. 12 of Mumbai’s Arthur Road Jail, which includes a 46-square-metre area, two cells, and a private toilet. India assured that he would be taken out of jail only for medical needs or court appearances.
While Choksi presented expert reports, international references, and various documents in his defense, the court said they were not directly relevant and failed to establish any real personal risk.
The court also dismissed Choksi’s claims that India’s judiciary lacks independence or that media coverage would prevent a fair trial, saying such fears were unfounded. It held that public and media interest in a major financial fraud case is natural and does not infringe upon Choksi’s right to a fair trial.
