Belgium's Supreme Court Rejects Mehul Choksi's Appeal Against India's Extradition Request in Rs 13,000 Crore PNB Fraud Case

Belgium's Court of Cassation has officially rejected fugitive diamond trader Mehul Choksi's appeal against India's extradition request related to the massive Rs 13,000-crore Punjab National Bank fraud case.

Choksi, who fled to Antigua and Barbuda in January 2018 shortly before the banking scam was discovered, was recently located in Belgium where he had allegedly sought medical treatment. Indian authorities submitted an extradition request to Belgium on August 27, 2024, based on arrest warrants issued by a special court in Mumbai.

Henri Vanderlinden, Spokesperson for the Court of Cassation, confirmed to PTI: "The Court of Cassation rejected the appeal. So, the decision of the Court of Appeal stands." The Antwerp Court of Appeal had previously upheld India's extradition request, declaring it "enforceable."

A four-member indictment chamber at the Antwerp Court of Appeals validated the pre-trial chamber's November 29, 2024 decision, which recognized the arrest warrants issued by the Mumbai special court in May 2018 and June 2021 as legitimate grounds for extradition.

The Court of Appeals determined that Choksi, the primary accused in the PNB scam, would not face "any risk" of unfair trial or mistreatment if returned to India.

The Court of Cassation's review focused solely on legal aspects of the appeal decision, such as proper application of legal provisions and procedural correctness. As Vanderlinden had previously explained, "New facts or evidence cannot be placed" in these proceedings, which are "essentially a written one."

According to the CBI's chargesheet, of the total Rs 13,000 crore scam amount, Choksi personally siphoned off Rs 6,400 crore.

The legal process began when the public prosecutor at the Antwerp Court of First Instance initiated action on November 25, 2024, seeking enforcement of the Mumbai court's arrest warrants. The pre-trial chamber subsequently ruled these warrants enforceable, except for one charge related to "causing the disappearance of evidence of the crime."

When Choksi challenged this verdict, the Antwerp Court of Appeals dismissed his claims of potential human rights violations or denial of justice in India. This decision came after India provided Belgium with comprehensive assurances regarding Choksi's safety, legal rights, prison conditions, and medical needs.

The Court of Appeals specifically ruled that the 66-year-old businessman failed to provide "concretely plausible" evidence of any "genuine risk" of torture or unfair trial. It further determined that Choksi's submitted documents did not substantiate his claims of being subject to a political trial.

This ruling strongly validates India's extradition case against Choksi in the long-running financial fraud investigation.