The Belgian government cannot extradite him without being held internationally liable; there is a violation of his right to a fair trial; and there are indications that he is subject to a political trial—these were some of the key points that Mehul Choksi, the fugitive diamond trader wanted in India for the alleged Rs 13,000 crore Punjab National Bank (PNB) loan fraud case, made before a court in Antwerp. However, the court found last week that the arguments he put forward against his extradition were “irrelevant” and “in no way detract from the foregoing”.
Choksi can appeal against the Court of Appeal’s preliminary judgment before the Belgian Supreme Court within 15 days, a source said.
The order was issued on October 17, a month after the Indian government gave a letter of assurance to the Belgian government that described the conditions in which Choksi would be incarcerated in India if he were to be extradited.
In his appeal, Choksi claimed that there was a violation of Article 6 of the ECHR I (right to a fair trial) if he were to be extradited. “Referring to reports from non-governmental organisations, the person concerned questions the independence of the judiciary in India. However, the person concerned does not cite any substantial elements that would allow the indictment chamber to conclude that there is a real risk of violation of the right to a fair trial on the part of the person concerned due to a lack of independence of the Indian judges,” the court said in its order.
“He also argues in conclusion that there are indications that he is the subject of a political trial, but this is by no means made plausible,” it added.
The court, further said in its order, “The offences cannot be considered political, military or fiscal offences not subject to extradition, and there are no reasons to believe that the extradition request was made with the intention of prosecuting or punishing a person on the basis of their race, religion, nationality or political opinion, nor does the position of the person concerned appear to be adversely affected for any of these reasons.”
The court noted in its order that the alleged crimes took place between December 31, 2016, and January 1, 2019, and that the statute of limitations had not expired in either India or Belgium.
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“The person concerned claims that it is impossible to receive adequate care for his precarious state of health, both physical and mental, in an Indian prison, without, however, substantiating this claim,” the court said.
Choksi and his nephew, Nirav Modi, are wanted in the Punjab National Bank case that they allegedly orchestrated through fraudulent Letters of Undertaking in connivance with some officials at Mumbai’s Brady House branch.
Choksi was arrested in Belgium on April 11 based on an extradition request by the Central Bureau of Investigation (CBI) and has been lodged in an Antwerp prison ever since. Last month, a Belgian court turned down Choksi’s bail plea, just ahead of his extradition hearing.
In a letter sent on September 4 to Belgian authorities, Rakesh Kumar Pandey, Joint Secretary, Ministry of Home Affairs, said the Indian government was seeking Choksi’s extradition so that he could face trial in India.
