Belgium Supreme Court clears Mehul Choksi's extradition in ₹13,850cr scam
What's the story
The Court of Cassation in Belgium has cleared the extradition of fugitive diamond trader Mehul Choksi to India. The decision comes after Choksi challenged an earlier ruling by the Antwerp Court of Appeals, which had declared India's extradition request "enforceable." The court's spokesperson, Advocaat-general Henri Vanderlinden, confirmed that "the decision of the Court of Appeal stands."
Trial assurance
Antwerp court finds no risk of unfair trial for Choksi
The Antwerp court had earlier ruled that Choksi, accused in the ₹13,850 crore Punjab National Bank (PNB) scam, would not be at risk of an unfair trial or ill-treatment in India. In October, a four-member indictment chamber of the Antwerp Court of Appeals upheld an order issued by the pre-trial chamber of the district court in November 2022. The court found no irregularity in arrest warrants issued by a Mumbai special court in May 2018 and June 2021.
Trial dismissal
Choksi's claims of political trial dismissed by court
Choksi's appeal was dismissed by the Court of Appeals as he failed to provide "concretely plausible" evidence of a "genuine risk" of torture or denial of justice. The court found no merit in his claims that he would face a political trial in India. In response to his allegations about Indian prisons being overcrowded and unsafe, Indian agencies submitted photographs of Barrack No. 12 at Mumbai's Arthur Road Jail, where Choksi will be held upon extradition.
Crime recognition
Belgian court recognizes crimes under Indian law
The Belgian court recognized the crimes cited by India, namely, fraud, forgery, document falsification, and corruption, as offenses under Belgian law. The offenses listed in India fall under IPC sections 120B, 201, 409, 420, 477A, and sections of the Prevention of Corruption Act. These charges carry imprisonment terms exceeding one year. The court also acknowledged equivalent offenses under Articles of the Belgian Criminal Code related to criminal organization and embezzlement.
Persecution claims
Court dismisses Choksi's claims of political persecution
The Court of Appeal dismissed Choksi's claims of political persecution, stating that the offenses "cannot be considered political, military or non-extraditable tax offenses." It found no grounds to believe that his prosecution was motivated by race, religion, nationality, or political affiliation. The court also rejected his allegations of being kidnapped from Antigua by Indian agencies and dismissed fears about media coverage affecting a fair trial as unfounded.
Extradition request
Choksi's extradition request follows his arrest in Dominica
In November 2022, Interpol had rescinded the Red Corner Notice against Choksi after he alleged an attempted abduction by Indian agents in Antigua. Despite this, the Enforcement Directorate (ED), with help from the Research and Analysis Wing (R&AW), sought his arrest from Belgian authorities. Earlier, on May 23, 2021, Choksi was arrested in Dominica for illegal entry after going missing from Antigua and Barbuda since 2018. He had claimed he was abducted to Dominica by Indian agents.