India details custodial assurances for Mehul Choksi in extradition bid- What the MHA told Belgium

New Delhi/Brussels: The Government of India has issued a formal letter of assurance to the Belgian Ministry of Justice and judicial authorities, outlining detailed custodial provisions for fugitive businessman Mehul Choksi, should he be extradited to India in connection with the multi-crore Punjab National Bank (PNB) fraud case.

The assurances, issued by the Ministry of Home Affairs (MHA) in consultation with the Government of Maharashtra and Arthur Road Jail authorities, are designed to address human rights concerns flagged in the ongoing extradition proceedings in Belgium. Choksi is wanted by the Central Bureau of Investigation (CBI) under several Indian laws, including:

• Section 120-B (Criminal Conspiracy)
• Sections 409 (Criminal Breach of Trust by a Public Servant), 420 (Cheating), 477A (Falsification of Accounts), and 201 (Causing Disappearance of Evidence) of the Indian Penal Code (IPC)
• Relevant provisions of the Prevention of Corruption Act (POCA), 1988
• Arthur Road Jail’s Barrack No. 12 Designated for Choksi

The MHA’s letter specifies Barrack No. 12 at Arthur Road Jail in Mumbai as the facility where Choksi would be housed. The barrack is designated for non-violent and white-collar offenders and currently has two unoccupied cells with a total maximum capacity of six inmates.

The Indian government has committed to the following custodial safeguards:

Accommodation & sanitation

• Each inmate will have a minimum of three square metres of personal space (excluding furniture), meeting the Council of Europe's Committee for the Prevention of Torture (CPT) standards.
• Cells are fitted with grilled windows, ventilators, and ceiling fans, and are cleaned regularly with pest control measures in place.
• Attached toilets and bathrooms with flush toilets, wash basins, and bathing facilities are available within the cells.

Sleeping arrangements

• Detainees will be provided with a clean cotton mattress, pillow, bed sheet, and blanket.
• Metal or wooden beds may be allocated on medical advice or by court order.

Food & recreation

• Three meals daily, with medical provisions for special diets.
• Access to a jail canteen offering fruits and snacks.
• Daily outdoor exercise in an open-to-sky yard and indoor recreation including board games and casual badminton.
• Availability of yoga, meditation, and a library.

Medical facilities

• A 24/7 medical unit staffed by six medical officers, nurses, and pharmacists.
• On-site prison hospital with 20 beds and ICU capacity.
• Emergency cases referred to Sir J.J. Group of Hospitals, approximately 3 km away.
• Private healthcare access permitted at the inmate’s own expense.

Existing medical reports for Choksi will be honoured, and required therapies will be provided free of cost based on medical recommendations.

Monitoring, legal access & oversight

• The barrack is CCTV-monitored and segregated from the main prison complex.
• Only non-violent inmates will be housed in the facility.
• Legal consultations allowed daily, excluding Sundays and public holidays.
• Family visitation once a week and access to telephone and video conferencing provided.

The MHA described these provisions as a “sovereign commitment”, adding that they cannot be overridden by any administrative or judicial authority under Indian law.

“Detainees will receive adequate food three times daily, with accommodations for special dietary needs subject to medical approval... The jail also offers yoga, meditation, and access to a library and reading materials,” stated the MHA letter.

Oversight includes regular inspections by the National Human Rights Commission (NHRC) and State Human Rights Commission (SHRC), judicial scrutiny, and dedicated grievance redress mechanisms. Prison staff undergo rigorous training, including modules on restraint, human rights, and stress control through meditation and yoga.

The Belgian Chambers of Indictment in Antwerp will now assess whether these custodial assurances meet international standards—particularly under Article 3 of the European Convention on Human Rights, which prohibits torture or inhuman or degrading treatment.

If accepted, and if other legal conditions are met, Mehul Choksi could be extradited to India to stand trial in the CBI case. The terms outlined by the MHA will form the basis of any further judicial decisions in Belgium regarding his extradition.

Choksi was arrested in Belgium in April 2025 following a formal extradition request by Indian authorities. He and his nephew, Nirav Modi, are the key accused in the ₹13,500 crore PNB scam, involving large-scale fraudulent transactions and forgery across multiple banks.