The Antwerp Court of Appeal on Wednesday ruled that fugitive diamond merchant Mehul Choksi’s offences are extraditable under both Indian and Belgian law, marking a significant step towards his return to India in connection with the ₹13,000-crore Punjab National Bank (PNB) fraud case.
The appellate court dismissed Choksi’s assertions that the extradition request was politically motivated or that he had been abducted from Antigua at India’s behest. It categorically stated that, “The alleged offences cannot be considered political, military or non-extraditable tax offences, and there are no grounds to believe that the request was made with the intention of prosecuting or punishing a person on the grounds of his race, religion, nationality, or political affiliation.”
Addressing the abduction allegation, the judges observed, “It cannot be inferred from the documents supplied by the person concerned that he was kidnapped in Antigua on the instructions of the Indian authorities.”
In its detailed order, the court noted that the charges against Choksi are that of criminal conspiracy, cheating, criminal breach of trust, forgery, and corruption, and are punishable under Indian law, specifically Sections 120-B read with 201, 409, 420, and 477-A of the Indian Penal Code, and Sections 7 and 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act, 1988.
The court further held that the corresponding acts of criminal organisation, swindle, embezzlement, and forgery are also punishable under Belgian law. This satisfies the principle of dual criminality, a key legal condition for extradition.
However, it excluded one charge, that is causing disappearance of evidence under Section 201 of the IPC, as that offence has no equivalent under Belgian law.
The Antwerp Court examined what it described as a “huge collection” of documents submitted by Choksi, including media reports, NGO findings, and case law related to prison conditions in India. After a detailed review, it concluded that the evidence was insufficient to prove that Choksi faced any real or immediate risk of ill-treatment or denial of justice.
“The documentation provided by the person concerned is not sufficient to establish in concrete terms that he personally runs a real, present and serious risk of being subjected to flagrant denial of justice or to torture or inhuman and degrading treatment in the requesting State,” the ruling stated.
The court also noted that the INTERPOL Commission for the Control of Files (CCF) decision dated 12 October 2022 was “inconclusive and cautious,” and that expert opinions submitted by Prof. Dr. F. Tulkens, Sir K. Jones, and E. Fitzgerald KC did not alter its findings.
Indian authorities had provided detailed guarantees to Belgium regarding Choksi’s detention and treatment upon extradition. According to these assurances, he will be held at the Arthur Road Jail in Mumbai, specifically in Barrack No. 12, which spans approximately 46 square metres and includes two cells with private sanitary facilities.
The court accepted India’s submission that Choksi’s movements would be restricted to medical visits or court appearances, that his custody would remain under judicial supervision rather than investigative agencies, and that adequate medical care would be ensured.
The Ministry of Home Affairs had also committed to oversight by the National and State Human Rights Commissions (NHRC/SHRC), as part of its formal assurance to Belgian authorities.
Choksi, who was arrested in Antwerp on 11 April 2025 following India’s formal extradition request, remains in Belgian custody with multiple bail pleas rejected. The Antwerp ruling clears one of the last major procedural hurdles before his potential handover to India.
Mehul Choksi and his nephew Nirav Modi stand accused of orchestrating one of India’s largest-ever banking frauds, allegedly siphoning off more than ₹13,000 crore from Punjab National Bank through fraudulent letters of undertaking.
