Belgian court closes Mehul Choksi’s last escape route, orders extradition to India for PNB scam

In a major setback for fugitive businessman Mehul Choksi, a Belgian appeals court has ruled that there is no legal barrier to his extradition to India. The court further held that he is neither the subject of a political trial nor at risk of torture or denial of justice in India.

Choksi is an accused in the Punjab National Bank (PNB) scam case along with his nephew Nirav Modi. They are alleged to have colluded with PNB executives to defraud the bank of approximately Rs 13,000 crore.

“The offences cannot be considered to be political, military or non-extraditable tax offences, and there are no grounds to believe that the request for extradition was made with the intention of prosecuting or punishing a person on the grounds of his race, religion, nationality or political affiliation, nor does the position of the person appear to be adversely affected for any of these reasons,” the court stated in its ruling, according to Hindustan Times.

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The court further noted that Choksi is not a Belgian citizen but a foreign national, and that the charges against him are serious enough to justify extradition.

The four-member Chamber of Accusation at Antwerp’s Court of Appeals ruled that two arrest warrants issued by Indian courts —on May 23, 2018, and June 15, 2021, at the request of the Central Bureau of Investigation (CBI)— were “enforceable” on charges of criminal conspiracy, criminal breach of trust, fraud, embezzlement, and criminal misconduct, according to HT.

The court held that these offences are punishable with a minimum prison sentence of one year in both India and Belgium. However, it did not authorise the charge of destruction of evidence as that is not recognised as a crime under Belgian law.

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Choksi fled India in 2018, and Indian authorities have been seeking his extradition ever since. He first acquired citizenship of Antigua and Barbuda and later of Belgium. His wife is reportedly a Belgian national as well. Earlier this year, in April, he was arrested in Belgium following a request from India’s CBI.

Based on submissions from Indian authorities, the court rejected Choksi’s fears that he could be mistreated in Indian prisons. It also dismissed the claim that India had previously abducted him from Antigua.

In its ruling, the court noted that India had assured Choksi would be held in Barrack No. 12 of Mumbai’s Arthur Road Jail, which has a 46-square-metre area, two cells, and a private toilet. The ruling stated that he would be taken out of jail only for medical treatment or court appearances.

The court also rejected Choksi’s claim that India’s judiciary lacks independence or that media coverage would prevent a fair trial, stating that such fears were unfounded.