Belgian court rejects Mehul Choksi plea against extradition

The Antwerp Court of Appeal has ruled that the offences attributed to fugitive diamond trader Mehul Choksi are extraditable under both Indian and Belgian law, clearing a major procedural hurdle in India’s attempt to bring him back to face trial in the Punjab National Bank (PNB) fraud case. The decision also dismissed Choksi’s claims of political bias and alleged abduction, reaffirming that the extradition request adheres to legal norms. In its detailed judgment, the Antwerp court observed that the offences allegedly committed by Mehul Choksi fall under Indian law, specifically Sections 120-B read with 201, 409, 420, and 477-A of the Indian Penal Code, as well as Sections 7 and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988, each punishable with over one year in prison.

The court said that the two arrest warrants issued by an Indian court—one on 23 May 2018, and another on 15 June 2021—are “enforceable” for criminal conspiracy, criminal breach of trust, fraud, embezzlement and criminal misconduct charges except destruction of evidence. On 14 April this year, Choksi filed an appeal challenging this seeking that the order be deemed null and void claiming that Indian authorities didn’t mention in the arrest warrants and the extradition request that he is an Antiguan citizen. This was also, however, rejected by the Belgian court, which also declared the previous indictment wasn’t flawed in any manner.

The court further confirmed that the alleged acts of criminal organisation, swindle, embezzlement, and forgery are also punishable under Belgian law, satisfying the principle of dual criminality, a key requirement for extradition. However, the court excluded one charge—causing the disappearance of evidence under Section 201 IPC—as it is not recognised under Belgian law. The court’s decision came Friday, the order was made public Wednesday. Choksi still has legal options left to challenge his extradition. He can appeal to the Belgian Supreme Court within 15 days.

Indian authorities have provided detailed assurances regarding Choksi’s detention. He is to be confined at Arthur Road Jail, Mumbai, in Barrack No. 12, which spans approximately 46 square metres, contains two cells with private sanitary facilities, and allows movement only for medical reasons or court appearances. The court accepted that Choksi would remain under the control of judicial authorities, rather than investigative agencies, and that he would receive adequate medical care.

Mehul Choksi, wanted along with his nephew Nirav Modi for allegedly defrauding Punjab National Bank of over Rs13,000 crore, was arrested in Antwerp on 11 April 2025 after India issued a formal extradition request. He has remained in custody since, with multiple bail applications denied. Since December 2018, India has been trying to have Choksi extradited after Interpol issued a Red Corner against him.