No Evidence Mehul Choksi Was Abducted In Antigua: Belgian Court

In an important ruling that could pave way for fugitive diamantaire Mehul Choksi's extradition, a Belgian court has observed that there is no "documentary evidence" to prove he was kidnapped in Antigua in May 2021 on the instructions of Indian authorities.The decision of the Commission of Control of Files of Interpol dated 12th October 2022 is inconclusive and very cautious and worded in a conditional manner, said the court. Choksi has sued the Indian government and "Indian agents" for his reported abduction in Antigua using a "honeytrap". In June a case management hearing was held where Indian government denied all the charges.The Belgian court also held that Choksi is a foreign national which will help India to prove its case against him when

the matter goes before the higher court."The offences cannot be considered to be a political, military or non-extraditable tax offence and there are no grounds to believe that the request for extradition was made with the intention of prosecuting or punishing a person on the grounds of his race, religion, nationality or political affiliation nor does the position of the person appear to be adversely affected for any of these reasons," said the court of appeals.Belgian authorities have also differentiated between prison conditions in Tihar Jail (Delhi) and Arthur Road Jail (Mumbai). In September, India gave a sovereign guarantee that Mehul Choksi's human rights will not be violated in prison and he will not be kept in solitary confinement.Belgian authorities have taken note that Choksi willreside exclusively in Barrack no 12 and will only be moved for medical reasons or to attend court hearings."The person concerned does not, however, put forward any substantive evidence that would allow the indictment chamber to conclude that there would be a real risk of a breach of the right to a fair trial on the part of the person concerned due to a lack of independence of the Indian courts," the court said in its ruling last week.