In a major boost for India’s extradition efforts, a Belgian appellate court has ruled that fugitive diamantaire Mehul Choksi faces no real danger of being denied justice or subjected to torture if returned to India, according to a report by PTI. The Antwerp Court of Appeals, in its October 17 order, upheld the earlier decision of the Antwerp district court allowing Choksi’s extradition, noting that he had failed to demonstrate any “serious risk” of mistreatment.
The four-judge bench said Choksi had not produced any credible evidence showing that he would be the victim of a political trial or that Indian courts lacked independence. “It is up to the subject to provide evidence demonstrating substantial grounds to believe that there is a genuine risk of ill-treatment upon extradition,” the court emphasized.
The order, officials told PTI, validates India’s request and marks “the first success” in the extradition proceedings against the 66-year-old businessman, who has been lodged in the Antwerp Prison since his arrest in April. His repeated bail pleas were turned down after Belgian prosecutors, assisted by India’s CBI and Ministry of External Affairs, argued he was a flight risk.
The case has its roots in the Rs 13,000 crore Punjab National Bank fraud, allegedly masterminded by Choksi along with his nephew Nirav Modi -- who himself remains in a London prison, facing extradition to India. According to the CBI chargesheet, Choksi alone siphoned off Rs 6,400 crore through fraudulent letters of undertaking issued by PNB’s Brady House branch in Mumbai.
The Court of Appeals confirmed that two arrest warrants—issued by a Mumbai special court in 2018 and 2021 -- are “enforceable.” A third warrant, concerning the disappearance of evidence, was not accepted, reported PTI. Belgian authorities also found Choksi’s arrest valid under India’s request, further strengthening New Delhi’s case.
Rejecting Choksi’s argument that he was “kidnapped from Antigua and Barbuda by Indian agencies and tortured in Dominica,” the court observed that the materials presented “do not conclusively indicate” that such an abduction had occurred on the orders of Indian authorities.
Choksi had cited the 2022 order of the Commission for the Control of Interpol’s Files (CCF) -- which removed the Red Notice against him on grounds of alleged kidnapping -- to support his claims. But the Antwerp court noted that the CCF decision “provides no clarity on the matter and is formulated cautiously and conditionally.”
His claim that he might not receive a fair trial in India also failed to convince the judges. The court said the documents filed by Choksi were insufficient to make it “concretely plausible” that he faced a “real, present and serious risk of being subjected to flagrant denial of justice, torture or inhuman and degrading treatment.”
Officials said India has provided Belgium with comprehensive assurances on Choksi’s safety, medical needs, and detention conditions. The Ministry of Home Affairs informed Belgian authorities that Choksi would be lodged in Barrack No. 12 of Mumbai’s Arthur Road Jail -- where another economic offender is expected to share the cell—thus ruling out solitary confinement.
According to the assurances, the barrack has been refurbished to meet or exceed European Committee for the Prevention of Torture (CPT) standards. The cell includes three ceiling fans, six hanging lights, four windows for natural light and ventilation, and an attached bathroom, reported News18.
According to News18, security personnel will be stationed outside the cell 24x7, and the barrack has a walking area designated for evening exercise. The facility provides access to daily newspapers, yoga sessions, board games, and television channels. “The personal living space for each inmate in Barrack No. 12 is in line with the minimum space requirement of the CPT of Europe,” the home ministry stated in a communiqué dated September 4.
The court also noted that the alleged offences fall under Sections 120-B read with 201, 409, 420, and 477-A of the Indian Penal Code, along with Sections 7 and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 -- all punishable with imprisonment exceeding one year, as per News18. These, it said, correspond to serious crimes under Articles 66, 196, 197, 213, 240, 241, 245, 246, 247, and 496 of the Belgian Criminal Code, the report said.
Choksi’s defense had relied heavily on arguments concerning poor prison conditions in India, submitting reports from NGOs that alleged overcrowding and unhygienic facilities. Such human rights-based defences are commonly used by economic fugitives fighting extradition from European nations. However, in this case, the Belgian court dismissed those claims, observing that India had provided sufficient guarantees on his treatment and detention standards.
Having lost before the Court of Appeals, Choksi still retains the option of challenging the decision before Belgium’s Supreme Court. But for now, officials say, the judgment represents a clear victory for India’s pursuit of justice in one of its biggest bank fraud cases.
With inputs from PTI
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