Belgium's Highest Court Upholds Extradition Order for Indian Financial Fugitive
Belgium's Court of Cassation has rejected the final appeal by fugitive diamantaire Mehul Choksi against his extradition to India, clearing the path for his return to face charges in one of the country's largest banking fraud cases.
The apex court upheld lower court findings that dismissed Choksi's claims of potential torture, inhuman treatment, and denial of justice in India. The court imposed costs of €104 on Choksi while endorsing the Antwerp Court of Appeal's assessment that his documentation was insufficient to establish credible risks.
Legal Framework and Procedural Safeguards
The Court of Cassation's role was limited to examining whether correct legal standards were applied and procedural rules respected. Officials noted that even controversial outcomes must be upheld if lower courts followed proper legal frameworks and provided adequate reasoning.
Choksi's defence arguments included claims of an alleged kidnapping attempt from Antigua, media coverage concerns, and potential breach of presumption of innocence. However, the court found these arguments insufficient to warrant protection from extradition.
International Cooperation Mechanisms
The case highlighted complex international legal mechanisms. Interpol's Commission for the Control of Files had previously removed Choksi's name from the Red Notice list in November 2022 following his appeal. This independent body, staffed by elected lawyers from various countries, provides recourse for individuals challenging fugitive declarations.
Despite the CCF decision, Belgian courts determined that Choksi's defence rights remained adequately protected through the appeals process, with the Indictment Chamber exercising full jurisdiction and examining all relevant documentation.
Background of the Financial Scandal
Choksi fled India in January 2018, days before authorities detected the ₹13,000 crore (approximately AUD 2.1 billion) fraud involving Punjab National Bank. The Central Bureau of Investigation alleges Choksi personally siphoned ₹6,400 crore from the scheme.
India submitted its extradition request to Belgium on 27 August 2024, based on arrest warrants issued by Mumbai's special court in May 2018 and June 2021. Belgian authorities initiated enforcement proceedings in November 2024.
Diplomatic Assurances and Human Rights
To facilitate extradition, India provided comprehensive assurances to Belgium regarding Choksi's safety, trial procedures, prison conditions, human rights protections, and medical care provisions. These diplomatic guarantees address standard concerns in international extradition proceedings.
The case demonstrates evolving frameworks for international judicial cooperation in financial crime cases, balancing extradition obligations with human rights protections. The Belgian court's decision reinforces that procedural safeguards and appeal mechanisms can adequately address individual concerns within existing legal structures.
Choksi's extradition marks a significant development in India's efforts to recover assets and prosecute individuals involved in major financial frauds, while highlighting the importance of robust international legal cooperation in addressing cross-border economic crimes.