A court in Antwerp on Friday approved the extradition of fugitive diamantaire Mehul Choksi, ruling that his arrest by Belgian authorities at India’s request was lawful.
The decision marks a significant step forward in India’s efforts to secure Choksi’s extradition, though he retains the right to appeal to a higher court in Belgium. However, Choksi still has the option to challenge the lower court’s decision.
The order came weeks after India assured Belgium that, if extradited, Choksi would be lodged in Mumbai’s Arthur Road jail. In a letter dated September 4, Rakesh Kumar Pandey, Joint Secretary in the Home Ministry, informed Belgian authorities that Choksi would be kept in Barrack No. 12 with adequate personal space, bedding, ventilation, and storage facilities.
Here is all you need to know about the case:
- 01
What is Mehul Choksi accused of?
Choksi is wanted in India in the Rs 13,000 crore Punjab National Bank (PNB) loan fraud that he and his nephew Nirav Modi allegedly orchestrated through fraudulent Letters of Undertaking in connivance with some bank officials at the Brady House branch in Mumbai. He is facing criminal proceedings by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). In 2018, the CBI first named him and his firms, including Gitanjali Gems, for allegedly obtaining fraudulent Letters of Undertaking from PNB, causing losses worth thousands of crores.
The ED later charged him under the Prevention of Money Laundering Act (PMLA) for transferring the proceeds of crime abroad. He has also been booked under sections of the Indian Penal Code for cheating and criminal conspiracy, and under the Prevention of Corruption Act.
The ED’s 2018 plea under the Fugitive Economic Offenders Act is still pending. If he is declared a fugitive economic offender, his properties can be seized even before the trial concludes.
- 02
When did he leave India?
Choksi took citizenship of Antigua and Barbuda in November 2017 under the Caribbean nation’s “citizenship by investment” programme. According to the ED, he left India on January 2, 2018 — days before the FIR in the PNB scam was filed.
India does not have a formal extradition treaty with Antigua and Barbuda but maintains an “extradition arrangement” since 2001.
- 03
What happened in 2021 in Dominica?
In May 2021, Choksi was detained in Dominica for illegal entry. His lawyers and family alleged that Indian agents had “kidnapped” him from Antigua and taken him to Dominica by boat. India had appealed to Dominica for extradition, but the court there sent him back to Antigua.
The alleged abduction incident remains central to his legal defence and has been repeatedly cited to resist extradition efforts.
- 04
Why he’s in Belgium
Choksi is now in Belgium’s Antwerp, reportedly for cancer treatment. His wife, Preeti Choksi, holds Belgian citizenship, and Mehul has obtained an “F Card” — a residence permit for family members of EU citizens. While India has an extradition treaty with Belgium, the process could be lengthy.
- 05
What did India assure Belgium to gain Choksi’s extradition
Choksi was arrested in Belgium in April based on an extradition request by the Central Bureau of Investigation (CBI). Last month, his bail plea was rejected by a Belgian court of appeal, just ahead of his extradition hearing before another court.
“The Centre, on the basis of a report from the Maharashtra government, assures that Choksi will be held at Barrack No. 12, Arthur Road jail complex. It is also assured that he will be kept in a cell in which he will get a minimum of three square meters of personal space (not including furniture) throughout the period of his prospective detention (pre-trial and post-conviction) in case he is found guilty,” Rakesh Kumar Pandey, Joint Secretary in the Home Ministry, wrote in his letter.
Pandey also assured that the detention centre in which Choksi will be kept has provisions for a clean, thick cotton mat, pillow, bedsheet, and blanket. “A metal frame/wooden bed can also be provided on medical grounds. Adequate light, ventilation and storage for permitted personal belongings are available,” the officer wrote in the letter.
