Editor’s Note
A Belgian court has ruled that the charges against fugitive diamond trader Mehul Choksi are extraditable offenses under Indian law, dismissing defense claims of political bias and abduction.
Business Desk, Amar Ujala, New Delhi
A court in Antwerp, Belgium, has ruled in a decision that the offenses committed by fugitive diamond trader Mehul Choksi are punishable under Indian law, specifically under Sections 120-B along with 201, 409, 420, and 477-A of the Indian Penal Code (IPC). The court further stated that the charges against Choksi of criminal conspiracy, cheating, criminal breach of trust, and forgery are also punishable under Belgian law. Therefore, his case qualifies for extradition to India. This paves the way for Choksi’s return to India to face trial in the Punjab National Bank (PNB) fraud case.
The Antwerp court detailed that Choksi’s offenses satisfy the principle of dual criminality required for extradition. They are punishable under Belgian criminal code articles 66, 196, 197, 213, 240, 241, 245, 246, 247 §§2-4, 324 A-B, and 496. The court noted that the alleged acts occurred in India between December 31, 2016, and January 1, 2019, and prosecution is not time-barred under Indian or Belgian law. However, the court dismissed one charge under IPC Section 201 (causing disappearance of evidence) as it is not recognized under Belgian law.
The court rejected Choksi’s argument that the extradition request was politically motivated or violated his fundamental rights.
The court also dismissed Choksi’s long-standing claim that he was abducted from Antigua on India’s instructions, stating that the documents provided “do not allow for the inference that he was abducted in Antigua on the instructions of Indian authorities.”
The Belgian court noted it was satisfied with detailed assurances provided by Indian authorities regarding Choksi’s custody conditions and medical care.
The court found that Choksi did not provide any credible evidence to suggest he would be denied medical care or proper treatment in India.
Mehul Choksi, wanted in a fraud case of over ₹13,000 crore at Punjab National Bank along with his nephew Nirav Modi, was arrested in Antwerp on April 11, 2025, after a formal extradition request was issued. He has been in custody since then, with several bail petitions rejected. The Ministry of Home Affairs (MHA) had previously provided Belgium with comprehensive assurances outlining custody arrangements, healthcare provisions, and monitoring by the National and State Human Rights Commissions (NHRC/SHRC).