Belgian Top court clears the extradition of Mehul Choksi, rejects all objections

NEW DELHI: Terming the objections raised by fugitive diamantaire Mehul Choksi as lacking substance, the Court of Cassation of Belgium has dismissed his appeal against extradition to India, affirming that he failed to establish any legal or factual ground warranting interference with earlier orders permitting his surrender.

In its judgment, the Belgian Supreme Court upheld the October 17, 2025, ruling of the Antwerp Court of Appeal’s Chamber of Indictment and concluded that the extradition proceedings fully complied with domestic law as well as European human rights standards.

The court rejected all three grounds of challenge raised by Choksi, including alleged violations of fair trial rights, claims of abduction, and apprehensions relating to prison conditions in India.

Addressing Choksi’s argument that his defence rights were violated because certain documents were not placed before the court at the initial stage, the Court of Cassation observed that such concerns stood adequately remedied at the appellate level.

It states that the Chamber of Indictment exercises full jurisdiction and follows an adversarial process, allowing the requested person to submit all relevant material. Consequently, the court held that Choksi’s right to a fair trial under Article 6 of the European Convention on Human Rights had not been infringed.

The court also dismissed Choksi’s reliance on the Interpol Commission for the Control of Files (CCF) decision to support his claim that he was abducted from Antigua with the involvement of Indian authorities.

It held that the lower court had merely evaluated the evidentiary value of the CCF decision, which was cautiously framed and expressed in conditional terms. Since the assessment of evidence falls within the sovereign domain of the lower court, the Belgian Supreme Court ruled that it could not re-appreciate those findings.

On the issue of the alleged risk of torture and inhuman treatment in India, the Court of Cassation placed reliance on explicit assurances given by the Government of India. The judgment records that India has assured Belgian authorities that Choksi will be lodged in Arthur Road Jail, Mumbai, specifically in Barrack No. 12, a secure ward with two cells and private sanitation facilities.

It further noted that he would remain under the authority of judicial courts and not investigating agencies. The court held that Choksi failed to demonstrate a real, present, and personal risk to himself if extradited, rejecting comparisons drawn with other cases and prisons.

Finding that all legal formalities had been duly observed, the Court of Cassation rejected the appeal and directed Choksi to bear the costs of EUR104.01. Choksi, along with his nephew Nirav Modi, is accused of orchestrating a fraud of nearly $2 billion against Punjab National Bank. The Central Bureau of Investigation and the Enforcement Directorate have filed multiple chargesheets against him in India, and several non-bailable warrants remain pending in connection with the case. (ANI)