Belgian court approves fugitive diamond trader Mehul Choksi's extradition to India, says arrest valid
NEW DELHI: A court in Antwerp has ruled that fugitive Indian diamond merchant Mehul Choksi can be extradited to India, terming his arrest by Belgian authorities as valid, according to officials familiar with the development.
The ruling by one of the eight Antwerp courts for distinct civil and criminal matters is a significant step for Indian agencies in their efforts to bring Choksi back.
However, the officials noted that Choksi still has the option to appeal the ruling in a higher court, meaning his immediate return is not certain. Nonetheless, this judgment clears an important legal hurdle.
The court heard arguments from Belgian prosecutors, who were representing Indian agencies, and from Choksi’s counsel on Friday before ruling that his arrest and India’s extradition request were valid.
The Central Bureau of Investigation (CBI) tracked Choksi to Belgium in July last year and subsequently sent a formal extradition request to the Belgian government. Based on this request, Antwerp police arrested the 65-year-old on April 11. He has been lodged in prison since then, having failed in several pleas for bail in various Belgian courts.
Choksi’s extradition was sought under several sections of the Indian Penal Code (IPC) and Sections 7 and 13 (bribery) of the Prevention of Corruption Act. These offences are also considered crimes in Belgium, satisfying the dual criminality clause of the extradition treaty.
The extradition request also invoked the United Nations Convention against Transnational Organised Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC).
During the extradition proceedings, for which the CBI sent a team at least three times and also hired a private European law firm, India presented evidence of fraud and diversion of funds by Choksi and his repeated attempts to evade the legal process.
The prosecutors assured the Belgian court that if extradited, Choksi would be held in Barrack No. 12 at Arthur Road Jail in Mumbai. They stated that this barrack conforms to the standards of the European Committee for Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). He would be provided with all necessary facilities, including clean drinking water, adequate food, medical care, access to newspapers and television, a choice of private doctor, and no solitary confinement.
Indian authorities also challenged Choksi’s claim that he is no longer an Indian citizen, stating he continues to be an Indian citizen wanted in connection with a fraud exceeding $950 million. Choksi had argued before the Belgian court that he surrendered his Indian citizenship on December 14, 2018, after acquiring the citizenship of Antigua and Barbuda on November 16, 2017.
Officials added that Indian authorities submitted documentary evidence to the prosecutors detailing six bank frauds allegedly committed by Choksi between 2018 and 2022, involving an amount of nearly Rs 13,000 crore. The court is reportedly convinced that there is a prima facie fear of him fleeing from Belgium.
