Antwerp – In a significant setback to fugitive diamond trader Mehul Choksi, a Belgian court has confirmed that the crimes cited by India in his extradition case are also recognised as offences under Belgian law. The court noted that Choksi, a foreign national, faces extradition under the Belgian Extradition Act of 1874.
Court approves extradition request
Last week, the Court of Appeals in Antwerp approved Choksi’s extradition to India and ruled that his arrest by Belgian police earlier this year was valid. The 66-year-old businessman was arrested on April 11 following a formal request from Indian authorities and has been lodged in a Belgian prison since, with multiple bail pleas rejected on grounds of flight risk.
The Chamber of Accusation in its order dated October 17 noted that the offences listed by Indian authorities – including criminal conspiracy, cheating, forgery, and corruption – carry a prison term of more than one year under both Indian and Belgian law.
“The alleged acts occurred in India between the end of 2016 and the beginning of 2019. These offences are punishable in Belgium by a prison term of more than one year, as specified under several articles of the Belgian Criminal Code,” the court said.
Charges not recognised in Belgium
However, the court clarified that not all charges are recognised.
“The facts described under D/ the disappearance of evidence of the crime, punishable under Section 201 of the Indian Penal Code 1860 (‘Causing the disappearance of evidence of a criminal offence’), have not been criminalised in Belgium. Consequently, the declaration of enforceability cannot be authorised for those facts,” the ruling stated.
The court also found no evidence of political motivation behind the extradition request and rejected claims that Choksi had been kidnapped or would face political persecution or an unfair trial in India.
Defence claims reviewed and rejected
Choksi’s defence submitted press articles and reports concerning the Indian justice system and prison conditions. The court concluded that the documentation was insufficient to establish a real, present, and serious risk of denial of justice or inhuman treatment.
With the confirmation that the major charges in India are also criminal offences in Belgium, and no substantial evidence of risk of ill-treatment, the ruling represents a major legal hurdle for Choksi’s attempts to prevent extradition.
Background and financial implications
The decision delivers a major blow to Choksi, wanted for a Rs 13,000 crore bank fraud in the Punjab National Bank (PNB) orchestrated in collusion with his nephew, Nirav Modi, who is currently in a London prison undergoing extradition proceedings.
According to the CBI, Choksi alone siphoned off Rs 6,400 crore of the total Rs 13,000 crore involved in the fraud.