Belgian court closes Mehul Choksi’s last escape route, orders extradition to India for PNB scam

In a major setback, a Belgian appeals court has ruled that there is no legal barrier to fugitive businessman Mehul Choksi’s extradition to India. The court further ruled that he is neither the subject of a political trial nor he is at the risk of torture or denial of justice in India.

Choksi is an accused in the Punjab National Bank (PNB) scam case along with his nephew Nirav Modi. They are accused of colluding with PNB executives to defraud the bank of around Rs 13,000 crore.

“The offences cannot be considered to be a political, military or non-extraditable tax offence and there are no grounds to believe that the request for extradition was made with the intention of prosecuting or punishing a person on the grounds of his race, religion, nationality or political affiliation nor does the position of the person appear to be adversely affected for any of these reasons,” the court said in its ruling, according to Hindustan Times.

The court further noted that Choksi is not a Belgian citizen but a foreign national and charges against him are serious enough to justify extradition.

The four-member Chamber of Accusation at Antwerp’s Court of Appeals ruled that two arrest warrants issued by Indian courts —on May 23, 2018, and June 15, 2021, at the request of Central Bureau of Investigation (CBI)— were “enforceable” on the charges of criminal conspiracy, criminal breach of trust, fraud, embezzlement, and criminal misconduct, according to HT.

The court ruled that these offences are punishable with a minimum prison sentence of one year in both India and Belgium. However, the ruling did not authorise the charge of the destruction of evidence as that is not a crime in Belgian law.

Choksi fled India in 2018 and Indian authorities have been trying to extradite him since. He first took the citizenship of Antigua and Barbuda and then took the citizenship of Belgium. His wife is said to be a Belgium national as well. Earlier this year in April, he was arrested in Belgium after India’s Central Bureau of Investigation (CBI) sought his extradition.

Based on the Indian submissions, the court rejected Choksi’s fears that he could be mistreated in Indian prisons. The court also rejected the charge that India had previously abducted him from Antigua.

In its ruling, the court noted that India had assured that Choksi would be kept in Barrack No. 12 of Mumbai’s Arthur Road Jail that has a 46-square-metre area, two cells, and a private toilet. The ruling noted that India assured he would be taken out of jail only for medical needs or court appearances.

The court also rejected Choksi’s charge that India’s judiciary lacks independence or that media coverage would prevent a fair trial. It said that such fears were unfounded.