No Legal Barrier To Extradition To India: Big Belgium Setback For Mehul Choksi

The extradition of fugitive diamond trader Mehul Choksi to India has no legal barrier and the charges against him are "serious enough to justify it", a court in Belgium said in its order accessed by NDTV.

According to the court's order, Choksi is not a Belgian citizen but a foreign national.

"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," it said.

The court further noted that Choksi's role in these offences could involve participation in a criminal gang, fraud, corruption, and the use of forged documents - all considered serious offences. However, it clarified that one of the charges from India - the destruction of evidence (IPC Section 201) - is not recognised as a crime under Belgian law, and so the extradition cannot be granted on that specific count.

The court, in its order, noted that the alleged crimes took place between December 31, 2016, and January 1, 2019, and that the statute of limitations had not expired in either India or Belgium.

On Choksi's argument that he was allegedly abducted from Antigua and faced the threat of political persecution and inhumane treatment in India, the Belgian court said it found "no concrete evidence" to support those claims. While Choksi presented expert reports, international references, and various documents in his defense, the court said they were not directly relevant and failed to establish any real personal risk.

The court order also dismissed Choksi's claims that India's judiciary lacks independence or that media coverage would prevent a fair trial, saying such fears were unfounded. It held that public and media interest in a major financial fraud case is natural and does not infringe upon Choksi's right to a fair trial.

Referring to details provided by the Indian government, the court said that Choksi would be kept in Barrack Number 12 of Mumbai's Arthur Road Jail, which includes a 46-square-metre area, two cells, and a private toilet.

India, earlier, had assured Belgium that Choksi would be taken out of jail only for medical needs or court appearances.

The court had approved Choksi's extradition to India on Friday. Choksi, however, has the right to appeal the order before the Belgian Supreme Court within the next 15 days.

The 65-year-old fugitive diamond merchant who fled India on January 2, 2018, is wanted by 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 also involved with him in the fraud.