Belgium's Supreme Court refuses Mehul Choksi's appeal, clearing path for extradition to India
On Tuesday, Belgium's highest court, the Court of Cassation, handed down an important ruling, denying an appeal brought by Mehul Choksi, the fugitive diamond dealer, seeking to block his extradition to India on charges relating to fraud against Punjab National Bank.
Aadrika Tayal 
New Delhi (India) December 9: Belgium‘s Supreme Court declined to appeal a decision by Mehul Choksi, a fugitive diamond dealer, in seeking to overturn the ruling that allowed him to get extradited to India on Tuesday.
Choksi appealed to the Belgian Court of Cassation in October after the Antwerp Court of Appeal ruled on 17 October that Choksi’s extradition to India was up to Indian extradition – confirming that the case had reached the point where Choksi could no longer continue to battle extradition request in Belgium’s appeals courts.
Antwerp Court confirms no risk of torture or political trial in India
In a decision on October 17th, the Antwerp Court of Appeal upheld Choksi's claim that his arrest was justified by Indian authorities to extradite him as evidence that he did exist in a “political trial” and there was no indication that he was subject to physical violence or torture in India and there was no evidence that he had been put at risk from physical abuse (torture) or unfair trial in India.
The Court also rejected Choksi’s claims that he had been kidnapped from Antigua and Barbuda by Indian authorities at their request in May 2021.
The Chamber of Accusation at Antwerp court of appeals overruled two Indian courts’ arrest warrants for charges of criminal conspiracy or criminal breach of trust, fraud, embezzlement and criminal misconduct that was filed, upon the request of India‘s Central Bureau of Investigation (CBI), on May 23, 2018, and June 15, 2020 respectively.
Indian assurances on jail conditions meet European CPT standards
The Belgian authorities were told by the Indian Government that in case of extradition to India, Choksi would be lodged in Barrack No 12 of Arthur Road Jail Mumbai as per European Committee for Prevention of Torture (CPT) standards.
In addition, Mr. Choksi was to receive adequate food, clean drinking water, and medical care. Furthermore, he would receive access to newspapers and the internet and he would have the ability to select his own medical treatment from a private physician. Lastly he would not be placed in solitary confinement.
Choksi linked to Punjab National Bank fraud; bail denied over flight risk
Choksi, along with his nephew Nirav Modi, is the prime suspect in an ongoing investigation into a multimillion-dollar fraud being conducted by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in India.
Mr. Choksi is being sought by the Indian authorities as a result of the multi-crore scam relating to Punjab National Bank and has been challenging extradition proceedings since 2018. Choksi was arrested on India’s request in Antwerp last April and has been lodged in a Belgian jail since arrest, where court recently rejected his bail plea for the believes the accused may flee.
