Belgium Supreme Court Clears Path for Mehul Choksi’s Extradition to India

Brussels/New Delhi: Fugitive diamond merchant Mehul Choksi, accused in the ₹13,000-crore Punjab National Bank (PNB) scam, has suffered a major setback. The Supreme Court of Belgium has rejected Choksi’s appeal against his extradition to India, stating that his arguments lack merit and that the extradition process adheres to both Indian law and European human rights standards.

The court dismissed Choksi’s three main claims: violation of the right to a fair trial, alleged abduction, and concerns about prison conditions in India. Choksi had contended that some documents were initially withheld, affecting his ability to defend himself.

No Violation of Fair Trial Rights
The court noted that concerns regarding a fair trial had already been addressed at the appeal stage. It emphasized that the ‘Chamber of Indictment’ has full authority to ensure a fair hearing, allowing the accused to present all necessary evidence. Therefore, under Article 6 of the European Convention on Human Rights, Choksi’s right to a fair trial was not violated.

Abduction Allegation Rejected
Choksi claimed he had been abducted from Antigua with the help of Indian authorities, citing a decision by the Interpol Commission for the Control of Files (CCF). The court rejected this argument, stating that the lower court had carefully assessed the CCF decision as evidence, which is within its purview. The Supreme Court cannot reassess this evaluation.

Concerns About Torture and Inhumane Treatment in India Addressed
Regarding fears of torture or inhumane treatment in India, the Court of Cassation relied on assurances provided by the Indian government. Authorities confirmed that Choksi would be held in a secure ward at Arthur Road Jail, Mumbai, in Barrack No. 12, equipped with two cells and a private toilet. He will remain under the jurisdiction of the judicial courts, not investigative agencies.

Background
Choksi fled India in early January 2018, shortly before the discovery of the ₹13,000-crore PNB scam. According to the Central Bureau of Investigation (CBI), Choksi alone manipulated ₹6,400 crore in the massive fraud. With the Belgian Supreme Court’s ruling, the path is now clear for his extradition to India.