Major Setback for Mehul Choksi: Belgian Court Clears Path for Extradition to India

Fugitive businessman Mehul Choksi, accused in the multi-crore Punjab National Bank scam, has suffered a major blow as a Belgian court ruled that there are no legal barriers to his extradition to India. The court stated that Choksi is not a Belgian citizen but a foreign national, and the charges against him are serious enough to warrant extradition. It also clarified that the case is criminal, not political, and that Choksi would receive a fair trial and adequate protection in India.

The court noted that Choksi never denied his lack of Belgian citizenship, confirming his status as a foreign national. He faces several grave charges in India, including conspiracy (Section 120-B), destruction of evidence (Section 201), criminal breach of trust (Section 409), cheating (Section 420), falsification of accounts (Section 477A), and offenses under the Prevention of Corruption Act, 1988—all carrying prison sentences exceeding one year.

While most of these charges are recognized under Belgian law as well, the court granted partial relief to Choksi, ruling that “destruction of evidence” is not a criminal offense in Belgium and hence cannot be grounds for extradition.

Rejecting Choksi’s claims that the action against him was politically motivated, the court emphasized that the charges are unrelated to his religion, caste, or political views. It also dismissed his allegation of being kidnapped from Antigua at India’s behest, saying no credible evidence supported that claim.

Choksi had submitted several reports alleging poor conditions in Indian prisons and judicial bias, but the court found them irrelevant and unrelated to his situation. India, in its assurance to the court, stated that Choksi would be held in Mumbai’s Arthur Road Jail in a designated 46-square-meter barrack with basic amenities and medical access.

The court concluded that Choksi failed to prove he would not receive a fair trial or proper medical care in India. It noted that widespread media coverage of major scandals is not evidence of judicial bias, thus removing the final hurdle for his extradition.