Belgium’s Highest Court rejects Mehul Choksi’s extradition appeal, clears way for his return to India

Belgian Supreme Court dismisses Mehul Choksi appeal, clears extradition to India
Belgium’s Court approves Mehul Choksi’s extradition (Image via ANI)

On Wednesday, 17th October, the Belgian Supreme Court dismissed fugitive diamantaire Mehul Choksi’s appeal against his extradition to India, calling his objections weak and without merit. The Court of Cassation, Belgium’s highest court, ruled that Choksi failed to present any solid legal or factual reason to block his extradition.

In its detailed order, the court upheld the decision of the Antwerp Court of Appeal, which had earlier cleared the way for Mehul Choksi’s surrender to Indian authorities. The court said the extradition process followed Belgian law and met European human rights standards. 

Court rejects all grounds raised by Choksi

Choksi had challenged his extradition on three main grounds. He claimed his right to a fair trial was violated, said that he was abducted from Antigua with India’s involvement, and raised concerns about the risk of torture and poor prison conditions in India.

The Belgian Supreme Court rejected all three arguments.

On the issue of fair trial rights, Choksi argued that some documents were not considered during the initial hearing. The court noted that any such issue was addressed during the appeal stage. It said the Chamber of Indictment has full authority to hear all arguments and allows the accused to submit relevant material. As a result, the court ruled that Choksi’s rights under Article 6 of the European Convention on Human Rights were not violated.

Abduction claim found unconvincing

Choksi had also relied on a decision of Interpol’s Commission for the Control of Files (CCF) to support his claim that he was forcibly taken from Antigua. However, the court said the Antwerp court had only examined the evidentiary value of that decision, which was written in cautious and conditional language.

The Supreme Court clarified that assessing evidence is the responsibility of the lower court, and it cannot re-evaluate those findings. It therefore refused to interfere with the earlier ruling.

Indian government assurances on Jail conditions accepted 

Addressing concerns about possible torture or inhuman treatment in India, the Belgian court relied on clear assurances given by the Indian government. The judgment records that India has confirmed Choksi will be kept at Arthur Road Jail in Mumbai, specifically in Barrack No. 12, which has two cells and private sanitation facilities.

The court also noted that Choksi will remain under the supervision of judicial authorities and not investigative agencies. It ruled that Choksi failed to show any real, immediate, or personal risk to his safety if extradited, and dismissed comparisons made with other prison cases.

Concluding that all legal procedures were properly followed, the Court of Cassation dismissed Choksi’s appeal and ordered him to pay legal costs amounting to €104.01.

Choksi and his nephew Nirav Modi are the top accused in the ₹13,000-crore PNB fraud. They tricked the bank with fake Letters of Undertaking (LoUs) and foreign letters of credit by bribing officials at the Mumbai Brady House branch. Multiple charge sheets have been filed against him by the CBI and the Enforcement Directorate in India, and several non-bailable warrants are still pending.

Written by Shriti Sagar
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