Belgium Court Approves Mehul Choksi's Extradition to India in PNB Fraud Case: Legal Analysis and Next Steps

The Belgian court approved Mehul Choksi's extradition to India on Friday, citing no legal barriers to the process.

According to the court order obtained by NDTV, the extradition of fugitive diamond trader Mehul Choksi to India faces no legal impediments, with charges against him deemed "serious enough to justify it."

The court clarified that Choksi holds no Belgian citizenship and is considered a foreign national under their jurisdiction.

The order stated: "The offences cited by India - including fraud, forgery, document falsification, and corruption - are also considered crimes under Belgian law. The cases registered in India fall under sections 120B, 201, 409, 420, and 477A of the Indian Penal Code (IPC), as well as sections of the Prevention of Corruption Act, all of which carry imprisonment of more than one year."

The court further elaborated that Choksi's alleged activities could constitute participation in a criminal gang, fraud, corruption, and forgery - all considered serious criminal offenses. However, it noted that one specific charge from India involving destruction of evidence (IPC Section 201) is not recognized under Belgian law, thus extradition cannot proceed on that particular count.

According to the court, the alleged crimes occurred between December 31, 2016, and January 1, 2019, with the statute of limitations still valid in both India and Belgium.

The court dismissed Choksi's claims of abduction from Antigua and potential political persecution in India, stating it found "no concrete evidence" supporting these allegations. Despite Choksi presenting expert reports, international references, and various documents in his defense, the court determined they lacked direct relevance and failed to establish any genuine personal risk.

The order also rejected Choksi's assertions about India's judicial independence or concerns that media coverage would prevent a fair trial. The court considered public and media interest in a major financial fraud case natural and not an infringement on his right to a fair trial.

Based on information provided by Indian authorities, the court noted that Choksi would be housed in Barrack Number 12 of Mumbai's Arthur Road Jail, which includes a 46-square-meter area, two cells, and private toilet facilities.

India had previously assured Belgium that Choksi would only leave jail for medical necessities or court appearances.

While the court approved the extradition on Friday, Choksi retains the right to appeal this decision before the Belgian Supreme Court within a 15-day period.

The 65-year-old fugitive diamond merchant fled India on January 2, 2018, and is wanted by both the CBI and the Enforcement Directorate (ED) for allegedly defrauding the Punjab National Bank (PNB) of Rs 13,850 crore. His nephew, Nirav Modi, was reportedly involved with him in this fraud.