Mehul Choksi has suffered another setback after a Belgium court ruled that there are no legal barriers in his extradition to India in the case pertaining to the Rs 13,000 crore Punjab National Bank (PNB) scam, noting that the fugitive businessman will receive a fair trail and security there. The court in Antwerp also pointed out that Choksi is not a citizen of Belgium and it has accepted that he is a 'foreign national' as defined in law.
It also stated that his extradition is not a "political, military, or tax-related" case, noting that India has not taken action against Choksi "based on his caste, religion, or political beliefs". Dismissing his allegations that Choksi was kidnapped in Antigua and Barbuda in 2021 on the instructions of Indian officials, the court said there is no evidence to prove his case.
Choksi was arrested in Belgium on April 11 on the basis of extradition request sent by the CBI. Of the total Rs 13,000 crore, Choksi alone siphoned off Rs 6,400 crore, the CBI alleged in its chargesheet. The Antwerp court held that Choksi's arrest by the Belgian authorities on India's request was valid, officials in the know of the development said.
The order has come as a strong validation for India's case seeking his extradition, with Choksi having the option of appealing against the decision in the Supreme Court in Belgium, they said. "This is the first success for India in the ongoing extradition proceedings against Mehul Choksi in Belgium," an official said.
Choksi (66) remains at a prison in Antwerp since his arrest in April, with his multiple bail petitions rejected after they were effectively countered by the Belgium Prosecution, which was aided by the CBI since April this year.
"The order has come in our favour. The court has termed his arrest by the Belgian authorities on India's request valid. The first legal step in getting him extradited is now clear," a senior official said.
Belgian prosecutors were aided by Indian officials from the external affairs ministry and the CBI in putting forth strong arguments on Choksi's alleged role in orchestrating one of the biggest scams in the state-run Punjab National Bank in collusion with his nephew Nirav Modi. The prosecutors told the court that Choksi remains a flight risk and cannot be released from prison, the officials said.
India has given a number of assurances to Belgium, including Choksi's safety, prison arrangements, human rights, and medical needs, among others. India has assured the Belgian authorities that if extradited, Choksi would be housed in Barrack No. 12 at the Arthur Road jail in Mumbai, with no chance of overcrowding or solitary confinement, as at least one more economic offender is expected to be housed in his cell.
Daily newspapers in English and local languages, terrestrial TV channels, videoconferencing facilities, and telemedicine services are also available in the prison.
The Union home ministry informed the Belgian authorities through a September 4 communique that the personal living space for each inmate in Barack No. 12 is in line with and fully meets the minimum space requirement of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of Europe.
(Wth PTI inputs)
