Mehul Choksi Loses Bid To Block Extradition In Belgian Court, Gets 15-Day Window To Challenge Verdict In Supreme Court

Mehul Choksi, the fugitive diamond trader accused in the alleged Rs 13,000-crore Punjab National Bank loan fraud case, argued before a Belgian court that extraditing him would make Belgium government internationally liable, breach his right to a fair trial, and expose him to a politically motivated prosecution, Indian Express reported.

However, the Antwerp Court of Appeal ruled last week that Choksi’s objections to extradition were “irrelevant” and “in no way detract from the foregoing”.

Choksi has 15 days to challenge the preliminary ruling before Belgium’s Supreme Court, according to a source cited in the IE report.

The order, dated 17 October, followed India’s letter of assurance to Belgium government detailing the prison conditions where Choksi would be incarcerated in India if he were to be extradited.

In his appeal, Choksi alleged that extradition would breach Article 6 of the European Convention on Human Rights, which ensures a fair trial.

The court noted that while Choksi cited NGO reports to question the independence of India’s judiciary, he provided no substantial evidence showing a real risk of his right to a fair trial being violated due to alleged judicial bias.

The court further observed that Choksi’s claim of facing a political trial “is by no means made plausible.”

According to the court, the offences were neither political, military, nor fiscal in nature, and there was no indication that the extradition request was discriminatory or intended to punish Choksi based on race, religion, nationality, or political views.

It also recorded that the alleged offences occurred between 31 December 2016, and 1 January 2019, and that the statute of limitations had not expired in either India or Belgium.

The court said Choksi’s claim that he would not receive proper medical or mental health care in an Indian prison was unsubstantiated.

Choksi and his nephew, Nirav Modi, are accused of orchestrating the PNB scam using fraudulent Letters of Undertaking in connivance with some officials at Mumbai’s Brady House branch.

Belgian authorities arrested Choksi on 11 April following a CBI extradition request, and he has remained in custody at an Antwerp prison since then.

A Belgian court denied Choksi’s bail plea last month, shortly before his extradition hearing.

In a 4 September letter to Belgian officials, MHA Joint Secretary Rakesh Kumar Pandey stated that the Indian government was seeking Choksi’s extradition so that he could face trial in India.

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