Antwerp: In a major legal win for Indian authorities, a Belgian court in Antwerp has approved the extradition of fugitive diamond merchant Mehul Choksi to India, validating his arrest earlier this year and clearing the way for him to face charges in one of India’s largest banking scams.
The 66-year-old, accused of orchestrating a Rs 13,000 crore fraud at Punjab National Bank (PNB), has 15 days to appeal the ruling before Belgium’s Supreme Court, temporarily delaying any transfer.
Background and Arrest
Choksi was arrested by Antwerp police on April 11 following a formal request from the Central Bureau of Investigation (CBI).
He has remained in custody for over four months, with repeated bail applications rejected, the court citing him as a substantial flight risk.
During the hearing, Belgian prosecutors representing India clashed with Choksi’s defence team. Judges confirmed that his detention met legal standards and fulfilled the dual criminality requirement, as offences like criminal conspiracy, cheating, criminal breach of trust, destruction of evidence, and corruption—under IPC Sections 120B, 201, 409, 420, 477A, and the Prevention of Corruption Act Sections 7 and 13—are punishable under Belgian law.
India’s Case and Evidence
India strengthened its extradition request using international treaties, including the UN Convention against Transnational Organised Crime (UNTOC) and the UN Convention against Corruption (UNCAC), both ratified by Belgium.
CBI officials visited Antwerp three times to present evidence, assisted by a European law firm. Documentary proof highlighted six bank frauds from 2018 to 2022, involving fraudulent Letters of Undertaking (LoUs) and Foreign Letters of Credit (FLCs) issued without margins, leading to PNB’s Rs 6,344.97 crore payout in defaults, plus interest.
Citizenship Dispute and Humanitarian Assurances
A key contention was Choksi’s citizenship status. He claims to have renounced Indian nationality on December 14, 2018, after acquiring Antiguan citizenship in November 2017. India, however, contends he remains an Indian citizen, making him extraditable.
India’s Ministry of Home Affairs assured humane detention at Mumbai’s Arthur Road Jail, Barrack No. 12, compliant with European Committee for the Prevention of Torture standards. Facilities include clean water, nutritious meals, newspapers, TV, private doctor access, and no solitary confinement. The cell will also offer exercise, games like chess, carrom, badminton, and daily cleaning under high-security protocols.
Significance
This ruling marks a major milestone in an eight-year pursuit, since Choksi fled India in January 2018, following the PNB scam exposed in February 2018. His nephew, Nirav Modi, is undergoing parallel extradition proceedings in the UK.
Officials called the verdict a “crucial milestone”, reinforcing India’s determination to pursue economic fugitives. Should Choksi’s appeal fail, he could be flown back to India to face justice, ending a saga that has strained bilateral relations and shaken public trust in financial institutions.