In a decisive legal development that marks a significant milestone in India’s pursuit of financial fugitives, the Antwerp Court of Appeal ruled on October 17, 2025, that Indian businessman Mehul Choksi faces no real or serious risk of torture, inhuman or degrading treatment, or flagrant denial of fair trial rights if extradited to India. The Mehul Choksi extradition case has been closely watched as a test of international cooperation in combating white-collar crime. The Belgian Chamber of Accusation at the Court of Appeals confirmed that all offences listed in India’s extradition request, except “causing disappearance of evidence,” are recognised as criminal offences under Belgian law. This comprehensive ruling dismantles the defence strategy employed by Choksi, who attempted to portray himself as a victim of political persecution and alleged state-sponsored kidnapping.
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Background: The Punjab National Bank Fraud Case
Mehul Choksi, wanted along with his nephew Nirav Modi for allegedly defrauding Punjab National Bank of over ₹13,000 crore through fraudulent letters of undertaking in connivance with some officials at the PNB’s Brady House branch in Mumbai, represents one of India’s most high-profile financial fraud cases. The Mehul Choksi extradition proceedings stem from arrest warrants issued by the Special Judge for CBI Cases, Greater Mumbai, in connection with charges of criminal conspiracy, criminal breach of trust by a banker, cheating, forgery, corruption and misconduct by a public official between December 2016 and January 2019. Choksi fled India in January 2018, just days before the massive fraud was detected, obtaining citizenship in Antigua and Barbuda through their Citizenship by Investment Program. His movements across Caribbean nations and eventual arrival in Belgium for purported medical treatment set the stage for the current extradition battle.
The Belgian Court’s Comprehensive Analysis
A Bench of President D Thys and Judges K Lenaers and I Arnauts dismissed Choksi’s appeal and upheld the November 2024 order of the Antwerp trial court that had declared two Indian arrest warrants executable. The Mehul Choksi extradition ruling thoroughly examined multiple legal dimensions. The Antwerp Court of Appeal found that the offences attributed to Choksi are extraditable under both Indian and Belgian law, with the offences punishable under Indian law by virtue of Sections 120-B read with 201, 409, 420, and 477-A of the Indian Penal Code, and Sections 7 and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988, each carrying a sentence of more than one year. The court further established that the alleged conduct constituting criminal organisation, swindling, embezzlement, and forgery is also punishable under Belgian law, satisfying the principle of dual criminality required for extradition under the Belgian Extradition Acts of 1833 and 1874 and the 1901 Anglo-Belgian Extradition Treaty extended to India in 1954.
Rejection of Kidnapping Allegations
Central to the defence strategy was Choksi’s claim regarding an alleged kidnapping from Antigua in May 2021. The Mehul Choksi extradition proceedings featured extensive documentation submitted by his legal team. Choksi, represented by Advocates John Maes, Simon Bekaert and Christophe Marchand, had argued that his extradition was politically motivated and that there was a risk of torture or unfair trial in India, and also contended that the Belgian prosecutor failed to disclose a 2022 decision by INTERPOL’s Commission for the Control of Files (CCF), which had raised concerns about his alleged abduction from Antigua. However, the court firmly rejected these contentions. The Court rejected these arguments, observing that it could not be inferred that Choksi was kidnapped in Antigua on the orders of the Indian authorities, and the judges further held that the CCF decision was not part of the official extradition dossier and that the omission by the prosecution did not amount to a procedural defect.
The court’s examination revealed that Choksi submitted multiple documents spanning from 2018 to 2022, including INTERPOL Files Control Commission submissions, to substantiate his kidnapping allegations. The Court of Appeals said the CCF’s October 12, 2022, decision provides no clarity on the matter and is formulated cautiously and conditionally. This assessment effectively neutralised one of the primary defence arguments in the Mehul Choksi extradition case.
Dismissal of Political Persecution Claims
Beyond kidnapping allegations, Choksi’s legal team attempted to portray the prosecution as politically motivated, arguing he would not receive a fair trial in India. The court stated that the alleged offences “cannot be considered political, military or non-extraditable tax offences,” and that “there are no grounds to believe that the request was made with the intention of prosecuting or punishing a person on the grounds of his race, religion, nationality, or political affiliation”. The Mehul Choksi extradition ruling found no concrete evidence supporting claims of political bias or systematic denial of justice. Claims of a politically motivated trial or violation of his right to a fair trial in India were also found unsubstantiated, with references to media coverage and NGO reports considered irrelevant to his specific case. The court emphasised that generalised concerns about judicial systems cannot override specific extradition treaty obligations when individual risk cannot be demonstrated with concrete, credible evidence.
Custody Assurances and Human Rights Safeguards
India’s commitment to humane treatment played a crucial role in securing a favourable judgment in the Mehul Choksi extradition proceedings. The Ministry of Home Affairs furnished a comprehensive letter of assurance to the Kingdom of Belgium’s Ministry of Justice detailing specific material, medical, and procedural safeguards that would govern Choksi’s custody in India, stating that Choksi would be detained in Barrack No. 12 at Arthur Road Jail in Mumbai, a section reserved for non-violent and white-collar offenders, equipped with adequate personal space, ventilated cells, 24×7 medical care, attached sanitation facilities, and CCTV monitoring. These detailed assurances addressed Belgian concerns regarding detention conditions and demonstrated India’s adherence to international human rights standards. The provisions include three meals daily, access to exercise yards, recreation facilities, and unrestricted legal consultations, with specialised medical care available at nearby Sir J J Group of Hospitals.
Legal Implications and Precedent Value
The successful Mehul Choksi extradition ruling establishes a significant precedent for India’s efforts to repatriate economic offenders who have fled abroad. The comprehensive nature of the Belgian court’s examination and its systematic rejection of defence arguments strengthen India’s position in similar future cases. The ruling demonstrates that well-documented extradition requests accompanied by credible assurances regarding detention conditions and fair trial guarantees can overcome defence strategies based on generalised allegations of systemic inadequacies. This precedent reinforces accountability frameworks for white-collar criminals who attempt to evade justice by relocating to foreign jurisdictions.
Arrest and Detention Timeline
Choksi was arrested by Antwerp police on April 11, 2025, following a formal request from Indian authorities, and since his detention, he has remained lodged in a Belgian prison, with multiple bail pleas rejected because he posed a flight risk. The Mehul Choksi extradition process moved systematically through Belgian judicial channels, with the lower court ruling in November 2024 being upheld by the Court of Appeals in October 2025. Throughout this period, Indian authorities coordinated closely with Belgian prosecutors, providing comprehensive documentation and legal arguments supporting the extradition request. The rejection of multiple bail applications underscored judicial concerns about Choksi’s history of evading legal proceedings across multiple jurisdictions.
The Broader Context of Financial Fugitives
The Mehul Choksi extradition case forms part of India’s comprehensive strategy to pursue financial fugitives who have caused massive losses to public sector banks and fled abroad. Choksi’s nephew, Nirav Modi, remains incarcerated in London, fighting his own extradition proceedings. The success in securing the Belgian court’s approval for Choksi’s extradition sends a powerful message that fleeing India does not provide immunity from accountability. It demonstrates India’s enhanced capability in pursuing complex international legal proceedings and its commitment to cooperation with foreign jurisdictions in combating transnational economic crimes.
Procedural Rights and Appeal Options
While granting the extradition request, the Antwerp court clarified that Choksi would not be immediately sent back, as he retains the right to appeal the decision before a higher court. This preservation of procedural rights ensures the Mehul Choksi extradition process adheres to Belgian legal standards while moving toward ultimate resolution. The Belgian Supreme Court represents Choksi’s final avenue for challenging the extradition order, though the comprehensive nature of the appellate court’s ruling significantly diminishes prospects for reversal on appeal.
Conclusion: Justice Delayed, But Not Denied
Conclusion: Justice Delayed, But Not DeniedThe Belgian Court’s decisive ruling in favour of the Mehul Choksi extradition represents a watershed moment in India’s pursuit of financial accountability. By systematically dismantling defence arguments regarding kidnapping allegations, political persecution, and unfair trial risks, the court has validated India’s legal framework and commitment to human rights standards. The comprehensive assurances provided regarding detention conditions, medical care, and fair trial procedures demonstrate India’s maturity in handling high-profile extradition cases according to international standards. As the case potentially moves to final appellate review, the strength of the current ruling provides confidence that Choksi will ultimately face Indian courts to answer charges in one of the nation’s largest banking frauds. This successful Mehul Choksi extradition proceeding reinforces the principle that geographical distance cannot shield economic offenders from legal consequences, strengthening global cooperation in combating financial crimes and protecting public financial institutions from massive fraudulent schemes.
