Belgian court clears way for Mehul Choksi's extradition to India

In a significant victory for Indian authorities, a court in Antwerp has approved the extradition of fugitive diamond merchant Mehul Choksi to India, validating his arrest earlier this year and paving the way for his return to face charges in one of the nation's largest banking scandals.

The 66-year-old, accused of orchestrating a Rs 13,000 crore fraud at Punjab National Bank (PNB), now has 15 days to appeal the ruling before Belgium's Supreme Court, delaying any immediate transfer. 

Choksi, arrested by Antwerp police on 11 April following a formal request from India's Central Bureau of Investigation (CBI), has languished in custody for over four months. His repeated bail applications were rebuffed, with the court deeming him a substantial flight risk. 

During Friday's hearing, Belgian prosecutors, representing New Delhi, clashed with Choksi's defence team. 

The judges ruled that the detention complied with legal standards, fulfilling the dual criminality requirement: offences like criminal conspiracy, cheating, criminal breach of trust, destruction of evidence, and corruption—charged under IPC Sections 120B, 201, 409, 420, and 477A, alongside the Prevention of Corruption Act's Sections 7 and 13—are punishable under Belgian law. 

India bolstered its case by invoking international treaties, including the United Nations Convention against Transnational Organised Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC), both ratified by Belgium. CBI officials visited Antwerp thrice to furnish evidence, engaging a European law firm for support. 

Documentary proof detailed six bank frauds between 2018 and 2022, involving fraudulent Letters of Undertaking (LoUs) and Foreign Letters of Credit (FLCs) issued without margins, leading to PNB's Rs 6,344.97 crore payout in defaults, plus interest. 

A contentious issue was Choksi's citizenship. He claims to have renounced Indian nationality on 14 December 2018, after acquiring Antiguan citizenship in November 2017. India contests this, insisting he remains an Indian citizen and thus extraditable. 

To address humanitarian concerns, India's Ministry of Home Affairs assured humane detention in Mumbai's Arthur Road Jail, Barrack No. 12—meeting European Committee for the Prevention of Torture standards. Facilities include clean water, nutritious meals, newspapers, television, a private doctor, and no solitary confinement. 

The cell offers a clean cotton mat, pillow, bedsheet, blanket, and optional metal bed on medical grounds. Daily cleaning, fresh water, outdoor exercise, rest areas, and games like chess, carrom, and badminton were pledged, with high-security measures. 

This development caps an eight-year pursuit since Choksi fled India in January 2018, amid the PNB scam exposed that February. His nephew, Nirav Modi, faces parallel extradition proceedings in the UK. 

Officials hailed the verdict as a "crucial milestone," reinforcing India's resolve against economic fugitives. Should the appeal fail, Choksi could board a flight home, confronting a saga that has strained bilateral ties and public trust in financial institutions.

Picture Courtesy: IANS