Fugitive Diamond Trader Mehul Choksi Suffers Setback As Belgian Court Deems Extradition Arguments 'Irrelevant'

Mumbai: Fugitive diamond trader Mehul Choksi’s claims that he faced a risk to life, denial of fair trial rights, torture, politically motivated prosecution, targeting based on his religion, nationality, or political beliefs, lack of adequate medical care in an Indian prison, and alleged kidnapping were all rejected by the Belgian court. The court ruled these arguments as “irrelevant” and unsubstantiated in the context of his extradition to India in connection with the Rs 13,000-crore Punjab National Bank (PNB) loan fraud case. 

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Choksi,( 66), who holds Indian and Antigua-Barbuda nationality, has been in custody in Antwerp since April 2025. Officials familiar with the case said the ruling strengthens India’s bid for his extradition but noted that he can appeal the Court of Appeal’s preliminary judgment before the Belgian Supreme Court within 15 days, potentially prolonging the legal process.  

Choksi had argued that the Belgium government could not extradite him without being held internationally liable. He claimed he would face blatant denial of justice, torture, inhuman treatment, and politically motivated trials in India. He also alleged that Indian authorities had kidnapped him in Antigua, challenging the legality of the extradition process.

Choksi’s claim of being kidnapped in Antigua by Indian authorities in may 2021, which he argued involved forcible transfer to Dominica and then India, was a central point in his Belgian extradition proceedings. He submitted multiple documents, including INTERPOL Files Control Commission (CCF) submissions from 2018 to 2022, to support his allegation.  

However, the Belgian court confirmed that Choksi, who holds Indian and Antigua-Barbuda nationality, is regarded as a foreigner under Belgian law and is subject to extradition in accordance with the Belgian Extradition Act of 1874. The court further ruled that there was insufficient evidence to support his kidnapping claim, observing that the documents submitted were inconclusive and conditional, with no direct proof that Choksi had been abducted by Indian authorities. It dismissed the kidnapping allegation, stating that it did not affect the validity of the extradition process. 

The court also found that documents submitted by Choksi and his legal team were deemed inadequate to demonstrate any real or imminent risk to his life or safety. Claims of a politically motivated trial or violation of his right to a fair trial in Indian jail were also found unsubstantiated, with references to media coverage and NGO reports considered irrelevant to his specific case.  

The Central Bureau of Investigation (CBI) had requested Choksi’s extradition based on two arrest warrants issued by the Special Judge at the CBI, Greater Mumbai, on May 23, 2018, and June 15, 2021. Charges include criminal conspiracy, criminal breach of trust, fraud, destruction of evidence, forgery, obtaining illegal gratification, and criminal misconduct by an official.

The Chamber of Accusation at the Court of Appeals, in its October 17, 2025 order, confirmed that all offences listed in India’s extradition request, except “causing disappearance of evidence”are recognised as criminal offences under Belgian law, satisfying the conditions of the Belgian Extradition Act of 1874.    

Choksi had contended that his extradition to India would expose him to serious risks, including threats to his life, torture, and inhuman or degrading treatment. He also claimed that the proceedings against him were politically motivated and that he could be targeted based on his religion, nationality, or political beliefs. Additionally, Choksi argued that his right to a fair trial could be violated due to alleged media bias and the purported lack of independence of the Indian judiciary, and that some charges might fall under non-extraditable categories, including military or fiscal offenses.

Choksi also claimed that it would be impossible for him to receive adequate medical care for his fragile physical and mental health in an Indian prison.

However, the Belgian court also examined assurances provided by Indian authorities regarding Choksi’s detention arrangements. According to the details submitted, he would be lodged in Arthur Road Jail, Mumbai, in Barrack No. 12, which comprises two cells with private sanitation facilities and a total area of about 46 square metres. He would be moved only for medical reasons or court appearances and would remain under judicial supervision rather than investigative custody.

The court observed that these conditions are sufficient to safeguard Choksi’s rights, ensuring that he would not be subjected to violence, torture, or inhuman treatment, while maintaining his access to a fair trial.  

Choksi, who has been in custody in Antwerp since April 2025, retains the right to challenge the verdict before the Belgian Supreme Court within 15 days. The appeal, if filed, is expected to prolong the extradition process, though officials said the latest ruling has considerably strengthened India’s efforts to secure his return to face trial in the Rs 13,000-crore Punjab National Bank fraud case.

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