New Delhi: In a major breakthrough for India in the ongoing extradition proceedings against fugitive businessman Mehul Choksi, the Court of Appeals in Antwerp, Belgium, has issued a preliminary judgment rejecting Choksi’s appeal against his extradition to India.
The ruling marks the first significant step towards Choksi’s return to India, although he still has the option to challenge the order before the Belgian Supreme Court within the next 15 days.
Choksi, wanted in connection with a Rs 6,400-crore bank fraud case investigated by the Central Bureau of Investigation (CBI), was provisionally arrested on April 11 this year in Antwerp on India’s extradition request. Since then, he has been lodged in the Antwerp Prison, with multiple bail pleas rejected.
The CBI’s charges against Choksi form part of a larger Rs 13,000-crore fraud at Punjab National Bank, in which his nephew Nirav Modi is also an accused. Modi remains imprisoned in London pending extradition to India.
The Belgian court observed that Choksi has not disputed his lack of Belgian citizenship, affirming that he qualifies as a foreign national under the country’s Extradition Act of March 15, 1874. The order clarified that the offences for which India has sought his extradition are punishable under both Indian and Belgian laws, covering crimes such as criminal organisation, swindling, embezzlement, misappropriation, bribery, and forgery.
Rejecting Choksi’s claim of political or discriminatory motives behind the extradition request, the court noted that the offences committed between December 2016 and January 2019 “cannot be considered political, military, or non-extraditable tax offences.” It further stated there is no evidence to suggest that India’s request was made to persecute Choksi on the basis of race, religion, nationality, or political affiliation.
Addressing Choksi’s long-standing claim that he was kidnapped from Antigua at India’s behest, the court remarked that the documents submitted “do not support the allegation.” It added that the decision of the Commission for Control of Interpol’s Files (CCF) dated 12 October 2022 was inconclusive and conditional in nature.
The Belgian court further noted that, upon extradition, Choksi would be detained in Arthur Road Jail in Mumbai and remain under the jurisdiction of Indian courts, not under any investigating agency.
In a strong observation, the court concluded, “The person concerned has not provided any substantial ground to believe that, following extradition, he would face a real risk of being subjected to torture, inhuman, or degrading treatment.”
The ruling represents a crucial step forward for Indian authorities, as efforts to bring Choksi back to face trial in India gather momentum.