Mehul Choksi Challenges India Extradition Order in Belgium's Supreme Court: Latest Updates on PNB Scam Case

Fugitive diamond merchant Mehul Choksi has filed an appeal in Belgium's Court of Cassation, challenging the October 17 ruling by the Antwerp Court of Appeal that had upheld India's extradition request.

Choksi, who fled to Antigua and Barbuda in January 2018, submitted his appeal on October 30 to Belgium's Supreme Court. According to Advocate General Ken Witpas, this appeal is strictly limited to legal merits and will be evaluated by the Court of Cassation. During this procedure, the execution of the extradition remains suspended.

Previously, on October 17, a four-member indictment chamber at the Antwerp Court of Appeals had confirmed the district court's pre-trial chamber orders from November 29, 2024. The Court deemed the arrest warrants issued by a Mumbai special court in May 2018 and June 2021 as "enforceable," thereby permitting Choksi's extradition to India.

The Appeals Court had ruled that Choksi, the primary accused in the Rs 13,000 crore Punjab National Bank (PNB) scam, faced "no risk" of being denied a fair trial or subjected to ill-treatment if returned to India. According to the Central Bureau of Investigation (CBI), Choksi alone allegedly siphoned off Rs 6,400 crore of the total scam amount.

After escaping to Antigua and Barbuda just before the scam's detection, Choksi was recently located in Belgium, where he had reportedly traveled for medical treatment. India promptly sent an extradition request to Belgian authorities on August 27, 2024, based on arrest warrants from the Mumbai special court.

The public prosecutor at Antwerp's Court of First Instance initiated enforcement action on November 25, 2024. Subsequently, the pre-trial chamber declared the arrest warrants enforceable, except for charges related to "causing the disappearance of evidence of the crime."

Choksi's appeal to the Antwerp Court of Appeals was rejected, with the court dismissing his claims of facing potential denial of justice, torture, or inhumane treatment in India. The Indian government has provided numerous assurances to Belgium regarding Choksi's safety, prison arrangements, human rights protections, and medical needs.

The Appeals Court determined that the 66-year-old businessman failed to present "concretely plausible" evidence of any "genuine risk" of torture or denial of justice. This ruling strongly validates India's extradition case against Choksi.

Furthermore, the Court concluded that the documents submitted by Choksi did not substantiate his claims of being subject to a politically motivated trial in India.