The Ministry of Home Affairs (MHA) has given a formal assurance letter to Belgium's Ministry of Justice and judicial authorities regarding the detention conditions for Indian businessman Mehul Choksi, wanted in a major bank fraud case, if extradited to India. Notably, Choksi was arrested in Belgium in April following a formal request from Indian authorities.
The assurance, issued by the MHA and endorsed in consultation with the Maharashtra government and prison authorities, outlines material, medical, and procedural safeguards to address human rights concerns raised during extradition proceedings.
The assurances were submitted in connection with India's request for the surrender of Mehul Choksi in a Central Bureau of Investigation (CBI) case. Choksi is accused under various provisions of Indian law, including Section 120-B (criminal conspiracy), Sections 409, 420, 477A, and 201 of the Indian Penal Code (IPC), as well as relevant sections of the Prevention of Corruption Act (POCA), 1988.
By detailing the specific facility, occupancy limits, medical provisions, and oversight mechanisms, the Government of India seeks to offer Belgian judicial authorities concrete and operational guarantees that Choksi's detention will conform to accepted minimum standards.
What did MHA say in assurance?
In the letter dated September 4, 2025, the MHA said, "Choksi will be held at Barrack number 12 at Arthur Road Jail in Mumbai if extradited."
"Mehul Choksi will be provided a minimum of three square metres of personal space, excluding furniture, in accordance with norms set by the Council of Europe's Committee for the Prevention of Torture (CPT). Barrack No. 12 has a maximum operating capacity of six persons, and at the time of reporting, the two identified cells were unoccupied," the letter mentioned.
The detention cell in which he is to be kept will have a clean, thick cotton mat (described as a mattress), pillow, bed sheet, and blanket. Metal or wooden beds may be provided based on medical advice or court orders. The cells are equipped with grilled windows, ventilators, and ceiling fans, and are subject to routine cleaning, pest control, and a continuous municipal supply of drinking water. Sanitation facilities include an attached toilet and bathroom, partitioned from the living area, with a flush toilet and wash basin, as well as bathing amenities within the cell.
The letter said, "Detainees will receive adequate food three times daily, with accommodations for special dietary needs subject to medical approval. A jail canteen and provisions such as fruits and basic snacks are also available. Daily outdoor exercise is permitted in an open-to-sky yard, and indoor recreation includes board games and casual badminton. The jail also offers yoga, meditation, and access to a library and reading materials".
The MHA said that he will receive a 24x7 medical care facility staffed by six medical officers, nursing orderlies, pharmacists, and laboratory support. "A 20-bed prison hospital with ICU capability is available, and emergency referrals can be made to Sir J.J. Group of Hospitals, located approximately three kilometres away. Detainees may also seek private medical care at their own expense. Choksi's pre-existing medical reports will be considered, and necessary equipment and therapies will be provided free of cost based on medical advice," said the MHA letter.
Barrack No. 12 is segregated from the main prison complex and monitored continuously via CCTV, with prison staff on duty. It houses non-violent prisoners, such as economic or white-collar offenders, and is described as free from overcrowding, violence, or extortion. Legal access is guaranteed, with daily meetings with lawyers (excluding Sundays and public holidays), weekly visits from blood relatives, and access to telephone and video-conferencing facilities.
Why was assurance presented to Belgium?
The detailed framework was submitted to help Belgian courts determine whether the detention conditions awaiting Mehul Choksi in India comply with international human rights norms, particularly safeguards against torture or inhuman treatment. Such government-to-government assurances are standard practice in extradition cases to address concerns under Article 3 of the European Convention on Human Rights.
The matter will now be assessed by Belgian courts, including the Chambers of Indictment in Antwerp, where the extradition proceedings are at an advanced stage. Judges will weigh the Indian government’s assurances alongside the legal and evidentiary requirements for extradition. If the guarantees are found adequate and other legal conditions are satisfied, Choksi may be extradited to India to face trial in the CBI case. The commitments in the MHA’s letter will play a key role in the court’s evaluation of his future custodial treatment.
Choksi was arrested in Belgium in April following a formal extradition request by Indian authorities. He and his nephew, Nirav Modi, stand accused as the main conspirators in the multi-crore Punjab National Bank (PNB) fraud, one of the biggest banking scams in India’s history.
(With ANI inputs)
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