Belgian court rules Mehul Choksi faces no risk of unfair trial in India

New Delhi: A Belgian court has ruled that fugitive Mehul Choksi will face no risk of an unfair trial if extradited to India, dismissing his claims of potential torture or inhuman treatment.

The Court of Appeals in Antwerp found that Choksi had failed to demonstrate any “serious risk” to his safety or legal rights.

A four-member indictment chamber upheld the orders of the Antwerp district court’s pre-trial chamber from November 29, 2024, allowing Choksi’s extradition. The district court had deemed arrest warrants issued by a Mumbai special court on May 23, 2018, and June 15, 2021, “enforceable,” a decision now confirmed by the Court of Appeals on October 17. A third warrant, concerning the disappearance of evidence, was not accepted by the Belgian court.

The Court of Appeals noted that Choksi’s documents failed to substantiate claims that he is subject to a political trial in India. It said, “It is up to the subject to provide evidence demonstrating substantial grounds to believe that there is a genuine risk of ill-treatment upon extradition.”

Rejecting his arguments, the court held that the documentation was insufficient to make it “concretely plausible” that Choksi faces a real, present, and serious risk of denial of justice, torture, or inhuman treatment in India.

Choksi’s allegations that he was kidnapped from Antigua and Barbuda by Indian authorities and tortured in Dominica were not supported by the court. It noted that his records did not “conclusively indicate” any such kidnapping.

He had also cited the Commission for the Control of Interpol’s Files (CCF) decision, which allowed the Interpol Red Notice against him to be dropped on kidnapping grounds, claiming it implied he could face torture in India. The Court of Appeals said the CCF’s October 12, 2022, decision “provides no clarity on the matter and is formulated cautiously and conditionally.”

Regarding India’s judiciary, the court found that Choksi had not provided substantial evidence to suggest a real risk of an unfair trial due to the lack of independence of judges.

The ruling is a major setback for Choksi, wanted in connection with a Rs 13,000 crore fraud at Punjab National Bank (PNB), allegedly orchestrated with his nephew Nirav Modi, currently in a London prison. According to the CBI, Choksi alone siphoned off Rs 6,400 crore.

Officials said the Court of Appeals confirmed that Choksi’s arrest by Belgian authorities at India’s request was valid, marking a significant step in India’s extradition proceedings. Choksi can still appeal to Belgium’s Supreme Court.

“This is the first success for India in the ongoing extradition proceedings against Mehul Choksi in Belgium,” a senior official said.

Choksi (66) has been in Antwerp Prison since April, with multiple bail petitions rejected after Belgian prosecutors, assisted by the CBI, countered them.

“The order has come in our favour. The court has termed his arrest by the Belgian authorities on India’s request valid. The first legal step in getting him extradited is now clear,” said a senior official.

Indian authorities assured Belgium of Choksi’s safety, trial arrangements, prison conditions, human rights protections, and medical needs. He would be housed in Barrack No. 12 at Mumbai’s Arthur Road jail, with adequate living space and shared with at least one other economic offender.

Facilities include daily newspapers, terrestrial TV channels, video-conferencing, and telemedicine services. The Union Home Ministry confirmed on September 4 that the living space meets the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) standards.

The CBI invoked the UN Convention against Transnational Organised Crime (UNTOC) and the UN Convention against Corruption (UNCAC) in its extradition request.

Indian authorities shared at least two arrest warrants from Mumbai courts in 2018 and 2021 with Belgian counterparts. Choksi had fled to Antigua and Barbuda before the scam was detected, taking citizenship there, but he remains an Indian citizen as he has not formally renounced it.

Following his sighting in Belgium, the CBI, the Ministry of External Affairs, and the Home Ministry initiated extradition proceedings. Choksi and Modi are accused of swindling Rs 13,000 crore via fraudulent letters of undertaking (LoUs) at PNB’s Brady House branch in Mumbai with collusion from bank officials.