Belgium – The Mehul Choksi extradition case witnessed a significant breakthrough on Friday when a court in Antwerp, Belgium, rejected the fugitive diamantaire’s appeal against extradition to India. This landmark decision brings India substantially closer to securing the return of one of its most wanted financial fugitives, accused of orchestrating a massive ₹13,000 crore bank fraud at Punjab National Bank.
Court Validates Arrest
The Antwerp court delivered a crucial judgment in the Mehul Choksi extradition proceedings by terming his arrest by Belgian authorities as valid. The arrest, executed on April 11 based on India’s extradition request submitted by the Central Bureau of Investigation, has now received judicial endorsement, strengthening India’s legal position in bringing back the accused businessman.
In September, the Court of Appeals in Antwerp heard arguments in the Mehul Choksi extradition appeal, examining various legal aspects including the validity of the arrest warrant, the evidence presented by Indian authorities, and claims made by the fugitive regarding his citizenship status.
The Massive Bank Fraud
The Mehul Choksi extradition case revolves around one of India’s largest banking scandals. Choksi stands accused of a ₹13,000 crore fraud at Punjab National Bank, orchestrated in collusion with his nephew Nirav Modi, who is also facing extradition proceedings and is currently lodged in a London prison.
Of the total ₹13,000 crore fraudulent amount, the CBI alleged in its chargesheet that Choksi alone siphoned off ₹6,400 crore. The scale and sophistication of this financial crime have made the Mehul Choksi extradition a high-priority case for Indian law enforcement agencies.
India’s Comprehensive Legal Strategy
During the Mehul Choksi extradition proceedings in Belgian courts, India mounted a comprehensive legal campaign. The CBI sent its investigative teams to Belgium at least three times and hired a private European law firm to navigate the complex continental legal system effectively.
Indian authorities presented substantial evidence during the Mehul Choksi extradition hearings, documenting the fraud and diversion of funds by the accused diamantaire. The prosecution also highlighted Choksi’s repeated attempts to evade the legal process, demonstrating a pattern of flight from justice that strengthened India’s case.
Detention Assurances to Belgium
A critical component of the Mehul Choksi extradition case involved assurances provided by the Indian government to Belgian authorities regarding detention conditions. India guaranteed that if extradited, Choksi would be held at Barrack No. 12 at Arthur Road Jail in Mumbai, which conforms to European CPT (Committee for Prevention of Torture and Inhuman or Degrading Treatment or Punishment) standards.
These assurances in the Mehul Choksi extradition matter included provisions for clean drinking water, adequate food and medical facilities, access to newspapers and television, choice of treatment from a private doctor, and a commitment that he would not face solitary confinement. Such guarantees are standard requirements in European extradition cases.
Citizenship Dispute
A contentious aspect of the Mehul Choksi extradition proceedings involves his citizenship status. Indian authorities maintained that Choksi continues to be an Indian citizen wanted in connection with a fraud exceeding $950 million, disputing his claim of being an Antiguan national.
Choksi argued before Belgian courts during the Mehul Choksi extradition hearings that he surrendered his Indian citizenship on December 14, 2018, after acquiring citizenship of Antigua and Barbuda on November 16, 2017. However, Indian authorities have challenged this assertion, maintaining that his Indian citizenship remains valid for legal purposes.
Multiple Fraud Cases
Indian investigators submitted documentary evidence to Belgian prosecutors in the Mehul Choksi extradition case covering six separate bank frauds allegedly committed between 2018 and 2022. These fraudulent transactions involved amounts totaling nearly ₹13,000 crore, demonstrating a pattern of sustained criminal activity.
The Belgian court, examining evidence in the Mehul Choksi extradition matter, has already expressed conviction that there exists prima facie fear of him fleeing from Belgium if released. This judicial assessment significantly bolstered India’s position and contributed to the rejection of his bail requests.
Previous Bail Rejections
Prior to the latest ruling on the Mehul Choksi extradition appeal, Belgian courts had already rejected his bail requests on multiple occasions. These decisions reflected judicial concerns about flight risk, given Choksi’s history of evading Indian authorities and his access to substantial financial resources.
Next Steps in Legal Process
While the Mehul Choksi extradition case has cleared a major hurdle, the process is not yet complete. Choksi retains the option to appeal against this decision in a higher court, according to officers familiar with the matter. This means his immediate return to India is not guaranteed, though a crucial stage has been successfully navigated.
An investigating officer noted regarding the Mehul Choksi extradition timeline: “This means he may not come immediately but the first and a very important stage is cleared.” This acknowledgment reflects the realistic understanding that extradition proceedings can be lengthy, especially when multiple appellate options remain available.
Significance of the Ruling
The court’s decision in the Mehul Choksi extradition case represents a major diplomatic and legal victory for India. It validates the evidence and legal arguments presented by Indian authorities and demonstrates effective international cooperation in combating financial crimes.
Broader Implications
The progress in the Mehul Choksi extradition proceedings sends a strong message to other financial fugitives who have fled India. It demonstrates that India’s reach extends beyond its borders through effective use of international legal mechanisms and diplomatic channels.
As the Mehul Choksi extradition case potentially moves to higher courts, Indian authorities remain committed to pursuing all legal avenues to ensure his return and face trial for the massive bank fraud that shook the nation’s financial system.