Choksi faces no risk of unfair trial, torture in India, rules Belgian court

In a significant boost to India’s pursuit of fugitive diamond trader Mehul Choksi, the Antwerp Court of Appeal in Belgium has ruled that his extradition to India can proceed, holding that there is no real risk of torture, inhuman treatment or denial of a fair trial if he is returned to face charges.

The detailed 13-page judgment, which was delivered on October 17 and has been accessed by The Tribune, dismissed all objections raised by Choksi’s lawyers and upheld India’s extradition request for offences, including criminal conspiracy, cheating, corruption, breach of trust and forgery.

Choksi (66), a key accused in the Rs 13,500-crore Punjab National Bank fraud case, has been detained in Antwerp since April 12 following an Indian extradition request supported by two arrest warrants issued by the Special Judge for CBI Cases, Greater Mumbai, in 2018 and 2021.

Rejecting the claim of the defence that the extradition would expose Choksi to human rights violations, Belgian judges observed that he had failed to show “any real, personal or current risk of torture or unfair trial” in India.

The court took note of the Indian Government’s assurances that, if extradited, Choksi would be housed in Barrack No. 12 of Mumbai’s Arthur Road Jail, with private sanitation and medical access, and would remain under the jurisdiction of the judiciary, not investigative agencies.

Government sources told The Tribune that the Belgian court was shown detailed architectural drawings and interior images of the jail and the cell where Choksi would be lodged.

“It is a nearly 500 sq ft barrack, comprising a main room, passage, wash area and toilet. It has windows with mosquito netting, a mobile jammer, CCTV surveillance, ceiling fans and tube lights. There will be a wash basin and shower,” an official said.

India is now expected to move swiftly to complete the final formalities for his transfer once the Belgian government signs the extradition decree.