Belgium’s Court to Review Mehul Choksi’s Extradition Plea on December 9

Belgium’s highest court is set to hear a pivotal plea from fugitive businessman Mehul Choksi on December 9, 2024, challenging his extradition to India. This follows a ruling by the Antwerp Court of Appeals on October 17, which deemed the arrest warrants issued by a special court in Mumbai as “enforceable.” Choksi, implicated in the significant Rs 13,000 crore fraud involving the Punjab National Bank (PNB), filed his appeal on October 30, contesting the earlier decision.

The Belgium’s Court of Cassation will focus solely on the legal aspects of the Antwerp court’s ruling, as confirmed by Advocaat-generaal Henri Vanderlinden. He emphasized that no new evidence would be presented during the upcoming hearing, and all parties involved must submit their complaints in writing prior to the court session. This procedural detail underscores the court’s intent to maintain a strict legal framework as it reviews Choksi’s case.

On October 17, a panel from the Antwerp Court dismissed Choksi’s appeal against a ruling that upheld the validity of the Mumbai court’s arrest warrants. The court found no irregularities in the warrants issued in May 2018 and June 2021, affirming their enforceability. The judges concluded that Choksi had not provided sufficient evidence to demonstrate a credible risk of torture or denial of justice should he be extradited. They also rejected his claims of being subjected to a politically motivated trial.

Indian authorities have consistently assured their Belgian counterparts about Choksi’s safety if extradited. The Indian government outlined the conditions under which he would be held, stating that he would be incarcerated at Arthur Road Jail in Mumbai, specifically in Barrack No. 12. This facility features private sanitary amenities and covers an area of 46 square metres.

The extradition request from India was formally submitted on August 27, 2024, following the issuance of arrest warrants by the Mumbai special court. Subsequently, the public prosecutor at the Court of First Instance in Antwerp initiated proceedings on November 25, 2024, to enforce these warrants. The Central Bureau of Investigation (CBI) alleges that Choksi misappropriated Rs 6,400 crore from the total amount involved in the PNB scam, which came to light shortly after he fled India in January 2018, just days before the fraud was uncovered.

Choksi acquired citizenship in Antigua and Barbuda after leaving India, but he was recently located in Belgium, allegedly for medical treatment. As the court date approaches, the case continues to draw significant attention due to its implications for international law and extradition processes.

This upcoming hearing not only represents a crucial step for Choksi but also highlights the broader context of international cooperation in combating financial fraud and ensuring accountability in cross-border criminal cases.