A Belgian court affirms the validity of Mehul Choksi's arrest and authorizes his extradition to India


A Belgian court in Antwerp has granted approval for the extradition of fugitive businessman Mehul Choksi to India, marking a major breakthrough in one of the most high-profile financial crime cases pursued by Indian authorities. The court ruled that Choksi’s arrest by Belgian police earlier this year was lawful and that the charges against him in India meet the criteria required for extradition under international law. However, the court allowed Choksi the option to appeal the decision before a higher court, delaying his immediate transfer to India. Officials have described this ruling as a vital milestone in a process that could eventually bring him back to face trial in India.

Choksi was taken into custody by Antwerp police on April 11, 2025, following a formal extradition request from India. Since then, he has been held in a Belgian prison, where multiple bail applications were denied after the court deemed him a flight risk. The ruling reinforced the view that Choksi posed a significant danger of escaping judicial custody, considering his past record of evasion and the resources available to him.

During the extradition hearing, Indian authorities presented detailed evidence, while Choksi’s legal team argued against the request on procedural and humanitarian grounds. The Belgian court, after examining the submissions, concluded that the crimes listed by Indian investigators — including criminal conspiracy, cheating, breach of trust, destruction of evidence, and corruption — are punishable under both Indian and Belgian law. This principle of “dual criminality” fulfilled a core requirement under bilateral and international extradition agreements.

The Indian government, represented by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), based its case on multiple provisions of the Indian Penal Code and the Prevention of Corruption Act. These included Sections 120B for conspiracy, 201 for destruction of evidence, 409 for criminal breach of trust, 420 for cheating, and 477A for falsification of documents, alongside Sections 7 and 13 of the anti-corruption law. The charges stem from Choksi’s alleged involvement in the ₹13,000 crore Punjab National Bank (PNB) scam, which also implicated his nephew Nirav Modi.

India also invoked global frameworks such as the UN Convention Against Corruption (UNCAC) and the UN Convention Against Transnational Organized Crime (UNTOC) to strengthen its case. Belgium, being a signatory to both treaties, was legally obliged to cooperate in cases involving cross-border financial fraud and corruption. Indian officials confirmed that CBI teams had made three visits to Belgium to present evidence and liaise with local authorities, assisted by a European law firm hired specifically for this purpose.

In its submissions, India assured the Belgian judiciary that Mehul Choksi would be treated in accordance with international human rights standards upon his return. Authorities specified that he would be housed in Barrack No. 12 of Mumbai’s Arthur Road Jail — a facility already used to detain high-profile economic offenders. The cell has been described as equipped with clean water, adequate food, medical care, reading material, and television access, with no solitary confinement imposed. This assurance was crucial in addressing Belgian concerns about prison conditions in India.

The Indian government also rejected Choksi’s argument that he was no longer an Indian citizen, maintaining that he remains an Indian national despite his 2017 acquisition of Antiguian citizenship. Officials noted that his renunciation of Indian nationality in 2018 was never formally accepted under Indian law and therefore holds no legal standing in this context.

The Antwerp court, in its concluding remarks, observed that Choksi’s past conduct demonstrated a credible risk of absconding once again if released. It therefore upheld the legality of his continued detention. While Choksi retains the right to appeal, the ruling represents a major legal victory for India, moving the long-standing extradition battle one step closer to resolution.

For Indian authorities, the decision is seen as part of a broader effort to hold fugitive economic offenders accountable and to signal a tougher stance on cross-border financial crimes. If the appeal fails, Choksi could be brought back to India in the coming months, marking the culmination of a pursuit that began after he fled the country more than seven years ago.


 

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