Mehul Choksi Extradition Cleared as Belgian Court Rejects Torture Claims

Belgium’s highest court has cleared the way for the extradition of fugitive diamantaire Mehul Choksi to India after rejecting his claims that he would face torture, inhuman treatment and harsh prison conditions if sent back.

The Belgian Court of Cassation dismissed Choksi’s appeal and upheld a lower court ruling that approved India’s extradition request in the Rs 13,000 crore Punjab National Bank (PNB) fraud case. The court also imposed a cost of €104.01 on the accused.

Choksi, who fled India in January 2018 days before the banking fraud came to light, had approached Belgium’s top court in November, arguing that extradition would expose him to custodial violence by Indian investigative agencies. He relied on reports by international NGOs alleging instances of torture and abusive interrogation practices in India.

Rejecting the argument, the court ruled that general reports on custodial practices cannot be applied mechanically to an individual case. It held that extradition law requires proof of a “real, personal and current risk” to the individual concerned, which Choksi failed to establish.

The court also dismissed Choksi’s objections related to prison conditions, particularly his claims about alleged inhuman conditions at Delhi’s Tihar Jail. It observed that the material placed before the court did not demonstrate that Choksi would personally be subjected to such conditions or that his detention would violate Article 3 of the European Convention on Human Rights.

Significantly, the court took note of the assurances given by Indian authorities regarding Choksi’s custody after extradition. India has assured that he will be lodged at Arthur Road Prison in Mumbai and kept in Barrack No. 12, a dedicated enclosure with attached sanitation facilities. Authorities also assured that Choksi would remain under judicial custody and not under the control of investigative agencies.

Choksi further contended that Belgian courts had failed to address each of his submissions individually. The Court of Cassation rejected this claim, clarifying that courts are not legally required to respond to every argument separately as long as the core issues are addressed.

With the dismissal of the appeal, the final legal obstacle to Mehul Choksi’s extradition has been removed, paving the way for Indian authorities to bring him back to face trial in the high-profile PNB fraud case.