Mehul Choksi's offenses in India punishable here too: Belgian court
What's the story
A Belgian court has ruled that the crimes cited by India in the extradition case of fugitive diamond trader Mehul Choksi are also offenses under Belgian law. The Antwerp Court of Appeals had last week approved Choksi's extradition to India. Choksi, however, can file an appeal against the order with the Belgian Supreme Court within 15 days. The 66-year-old was arrested on April 11 at India's request and has since been denied bail due to flight risk concerns.
Legal proceedings
Belgian court's ruling on Choksi's extradition
On October 17, the Chamber of Accusation at the Court of Appeals observed that offenses like criminal conspiracy, cheating, forgery and corruption are punishable by over a year in prison under both Indian and Belgian law. The court said these acts were committed in India between late 2016 and early 2019. However, it noted that "the disappearance of evidence of the crime" under Section 201 of the Indian Penal Code isn't recognized as an offense in Belgium.
Extradition appeal
No evidence of political trial, torture risks in India: Court
The Belgian court also dismissed allegations that Choksi would be prosecuted for his race, religion, nationality or political beliefs if extradited to India. It found no evidence supporting claims of kidnapping on Indian authorities' orders or a political trial upon extradition. The court further rejected Choksi's defense arguments regarding the risk of torture or inhumane treatment in India based on submitted press articles and reports about the Indian justice system and prison conditions. "The documentation provided...is not sufficient," it said.
Ongoing investigations
Choksi wanted for ₹13,000 crore bank fraud
As such, the extradition of Choksi to India has no legal barrier, and the charges against him are "serious enough to justify it," the court said. Choksi is wanted for a ₹13,000 crore bank fraud in India, allegedly committed with his nephew Nirav Modi. Modi is also facing extradition proceedings and is currently in a London prison. The Central Bureau of Investigation (CBI) claims Choksi alone siphoned off ₹6,400 crore.