Can India now bring back Mehul Choksi following Belgium court’s clearance?

New Delhi: In a significant development for India’s efforts to bring fugitive businessman Mehul Choksi to justice, a Belgian court in Antwerp has approved his extradition, upholding the legality of his arrest on India’s request. Officials said the order marks a key step forward in the long-running extradition process.

“The court has ruled in our favour, confirming that Choksi’s arrest in Belgium was valid,” a senior official said, adding that the fugitive diamantaire still has the right to appeal the decision in a higher court.

The case, jointly presented by Belgian prosecutors with assistance from India’s Ministry of External Affairs and the Central Bureau of Investigation (CBI), highlighted Choksi’s alleged role in the Rs 13,000 crore Punjab National Bank (PNB) fraud, orchestrated alongside his nephew Nirav Modi. Prosecutors also argued that Choksi remains a flight risk and should not be released from custody.

Choksi, 66, was detained in Belgium on 11 April following India’s extradition request. His multiple bail pleas have been rejected by Belgian courts. India has assured authorities that if extradited, Choksi will be housed in Barrack No. 12 of Mumbai’s Arthur Road Jail, which meets European standards set by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).

According to the Ministry of Home Affairs, the cell — measuring around 20 feet by 15 feet — includes a separate toilet, adequate ventilation, clean bedding, drinking water, and access to daily exercise, recreational activities such as chess and badminton, newspapers, yoga sessions, and telemedicine services.

Choksi had fled to Antigua and Barbuda in 2018 after acquiring citizenship there. His arrest in Belgium came after coordinated efforts by the CBI, the External Affairs Ministry, and the Home Ministry.

The CBI has also invoked international conventions such as the United Nations Convention against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC) to support its extradition case.

Choksi and Nirav Modi are both accused of defrauding the PNB through fraudulent Letters of Undertaking (LoUs) and Foreign Letters of Credit (FLCs) issued by officials at the bank’s Brady House branch in Mumbai. The scam led to massive financial losses for several Indian and foreign banks that extended credit based on the falsified guarantees.

Nirav Modi has been in custody in the United Kingdom since 2019 and continues to contest his extradition to India.