NEW DELHI: In a major diplomatic and legal breakthrough, an Antwerp court in Belgium has ordered the extradition of fugitive diamantaire Mehul Choksi to India, ruling that his arrest by Belgian authorities based on India’s request was valid, according to people familiar with the development. The decision marks a crucial step forward for India in its efforts to bring back the key accused in the ₹13,000 crore Punjab National Bank (PNB) fraud case.
First legal hurdle cleared; appeal option still open
Officials confirmed that Choksi, 65, still has the option to appeal against the Antwerp court’s decision in a higher court. “This means he may not return immediately, but the first and a very important stage has been cleared,” an official said.
The Antwerp court on Friday (October 17) heard both sides — Belgian prosecutors representing India and Choksi’s defence — before concluding that the arrest and extradition request were valid under the applicable laws.
Choksi was arrested by Antwerp Police on April 11, following a Central Bureau of Investigation (CBI) extradition request. He has been lodged in a Belgian prison for over four months, with multiple bail pleas rejected by local courts.
India invokes key international treaties, presents detailed evidence
India’s extradition plea cites multiple provisions of the Indian Penal Code (IPC) — including Sections 120B (criminal conspiracy), 201 (destruction of evidence), 409 (criminal breach of trust), 420 (cheating), 477A (falsification of accounts) — as well as Sections 7 and 13 of the Prevention of Corruption Act.
These offences also constitute crimes under Belgian law, fulfilling the “dual criminality” requirement of the extradition treaty between the two nations.
India also invoked the United Nations Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC) in its case submission.
During the proceedings, the CBI sent its legal team to Belgium at least three times and hired a private European law firm to support the extradition case. The Indian side presented extensive documentation of fraud, diversion of funds, and deliberate evasion of legal proceedings by Choksi.
India assures humane conditions for Choksi in Mumbai jail
As part of its extradition assurances, the Indian government informed Belgian authorities that Choksi would be housed in Barrack No. 12 of Arthur Road Jail in Mumbai, a facility that meets European human rights standards under the CPT (Committee for Prevention of Torture) guidelines.
India assured the court that Choksi will be provided clean drinking water, adequate food, medical care, access to newspapers and television, and the choice of private medical treatment, along with a guarantee that he will not be subjected to solitary confinement.
Choksi’s defence: claims Antiguan citizenship
Choksi’s lawyers argued that he renounced his Indian citizenship on December 14, 2018, after acquiring citizenship of Antigua and Barbuda on November 16, 2017. However, Indian authorities maintained that Choksi remains an Indian citizen, as his renunciation was not officially accepted due to pending criminal proceedings.
CBI tracked him in Belgium after years on the run
Indian investigators had traced Choksi’s movements to Belgium in July 2024, after which a formal extradition request was submitted to the Belgian government.
Evidence presented in court linked him to six major bank frauds committed between 2018 and 2022, amounting to nearly ₹13,000 crore. Belgian prosecutors reportedly told the court that there was a “prima facie risk of flight”, justifying his continued detention.
The Antwerp court’s order represents a significant diplomatic success for New Delhi, though the final outcome will depend on the result of Choksi’s appeal. If upheld, the ruling would pave the way for Choksi’s return to India after several years of evading Indian authorities.