Belgium's Highest Court Approves Extradition of Indian Fugitive Businessman
Belgium's Court of Cassation has rejected the final appeal by fugitive diamantaire Mehul Choksi, clearing the path for his extradition to India to face charges in the massive Punjab National Bank fraud case.
The court upheld lower tribunal decisions that found no credible evidence supporting Choksi's claims of potential mistreatment or denial of justice in India. The ruling represents the culmination of legal proceedings that began after India's extradition request in August 2024.
Court Findings and Legal Process
The Court of Cassation, presided over by Filip Van Volsem, imposed costs of 104 euros on Choksi while endorsing the Indictment Chamber of Antwerp Court of Appeal's assessment. The lower court had determined that documentation provided by Choksi was insufficient to demonstrate a "real, present and serious risk" of torture or degrading treatment.
Choksi's defence strategy centred on several arguments, including claims of an alleged kidnapping attempt from Antigua, media coverage concerns, and assertions about the fairness of Indian judicial proceedings. The court found these arguments lacked sufficient substantiation.
Notably, the Commission for the Control of Interpol's Files had removed Choksi's name from the Red Notice list in November 2022 following his appeal. However, the Belgian court determined this decision did not impact the validity of the extradition request.
The Financial Fraud Case
Choksi fled India in January 2018, shortly before authorities detected the 13,000 crore rupee fraud at Punjab National Bank. According to the Central Bureau of Investigation, Choksi alone allegedly siphoned off 6,400 crore rupees from the total amount.
The businessman was subsequently placed on Interpol's most wanted list in December 2018 at the request of Indian investigative agencies. He was later located in Belgium, where he had reportedly travelled for medical treatment.
Diplomatic Assurances and Next Steps
India provided comprehensive assurances to Belgian authorities regarding Choksi's treatment, including guarantees about prison conditions, human rights protections, medical care, and the specific charges he would face during trial.
The Antwerp District Court's pre-trial chamber had previously declared arrest warrants issued by Mumbai's special court as enforceable, with one exception relating to evidence tampering charges.
This case highlights the effectiveness of international judicial cooperation in pursuing financial crimes that cross borders. The systematic rejection of Choksi's appeals through multiple court levels demonstrates the robustness of Belgium's extradition processes when dealing with serious economic offences.
The ruling sets a precedent for similar cases involving fugitive businesspeople who have fled to European jurisdictions while facing fraud charges in their home countries.