PNB Fraud case: India gives formal assurance to Belgium on Mehul Choksi’s detention conditions

NEW DELHI : The Ministry of Home Affairs (MHA), Government of India, has furnished a formal letter of assurance to the Ministry of Justice, Kingdom of Belgium, and the competent Belgian judicial authorities detailing the conditions under which Indian Businessman Mehul Choksi wanted in the Bank Fraud case, would be detained if he is extradited from Belgium to India.

The assurances, issued by the MHA and endorsed in consultation with the Government of Maharashtra and prison authorities, set out specific material, medical and procedural safeguards intended to address human rights concerns raised in extradition proceedings.

The assurances were submitted in connection with India’s request for the surrender of Mehul Choksi in a Central Bureau of Investigation (CBI) case. Choksi is accused under various provisions of Indian law, including Section 120-B (criminal conspiracy), Sections 409, 420, 477A, and 201 of the Indian Penal Code (IPC), as well as relevant sections of the Prevention of Corruption Act (POCA), 1988.

By detailing the specific facility, occupancy limits, medical provisions, and oversight mechanisms, the Government of India seeks to offer Belgian judicial authorities concrete and operational guarantees that Choksi’s detention will conform to accepted minimum standards.

The Ministry of Home Affairs (MHA) specified Barrack No. 12 at Arthur Road Jail in Mumbai as the designated facility for Choksi’s detention. The letter outlines several binding guarantees to ensure humane and dignified treatment. Each detainee will be provided a minimum of three square metres of personal space, excluding furniture, in accordance with norms set by the Council of Europe’s Committee for the Prevention of Torture (CPT). Barrack No. 12 has a maximum operating capacity of six persons, and at the time of reporting, the two identified cells were unoccupied.

According to the letter, sleeping arrangements at the Barrack include a clean, thick cotton mat (described as a mattress), pillow, bed sheet, and blanket. Metal or wooden beds may be provided based on medical advice or court orders. The cells are equipped with grilled windows, ventilators, and ceiling fans, and are subject to routine cleaning, pest control, and a continuous municipal supply of drinking water. Sanitation facilities include an attached toilet and bathroom, partitioned from the living area, with a flush toilet and wash basin, as well as bathing amenities within the cell.

The letter said, “Detainees will receive adequate food three times daily, with accommodations for special dietary needs subject to medical approval. A jail canteen and provisions such as fruits and basic snacks are also available. Daily outdoor exercise is permitted in an open-to-sky yard, and indoor recreation includes board games and casual badminton. The jail also offers yoga, meditation, and access to a library and reading materials”.

Medical care is provided through a 24×7 facility staffed by six medical officers, nursing orderlies, pharmacists, and laboratory support. A 20-bed prison hospital with ICU capability is available, and emergency referrals can be made to Sir J.J. Group of Hospitals, located approximately three kilometres away. Detainees may also seek private medical care at their own expense. The MHA assures that Choksi’s pre-existing medical reports will be considered, and necessary equipment and therapies will be provided free of cost based on medical advice, said the MHA letter.

Barrack No. 12 is segregated from the main prison complex and monitored continuously via CCTV, with prison staff on duty. It houses non-violent prisoners, such as economic or white-collar offenders, and is described as free from overcrowding, violence, or extortion. Legal access is guaranteed, with daily meetings with lawyers (excluding Sundays and public holidays), weekly visits from blood relatives, and access to telephone and video-conferencing facilities.

The MHA characterized the assurance as a sovereign commitment, made in consultation with the state government and prison authorities, and asserted that it cannot be overridden by administrative or judicial discretion under Indian law.

Oversight mechanisms at the Barrack include prison administration monitoring, inspections by the National and State Human Rights Commissions (NHRC/SHRC), and judicial supervision. Channels for complaints and remedial action in cases of substantiated mistreatment are also outlined.

Training for prison staff is emphasized, with guards undergoing a six-month initial program and periodic refresher courses. Prison officers receive a one-year intensive induction and additional training. Measures such as yoga and meditation are incorporated into staff training to promote restraint and control.

This comprehensive framework was presented to assist Belgian courts in evaluating whether the detention conditions Choksi would face in India meet international human rights standards, particularly those aimed at preventing torture or inhuman or degrading treatment. Such assurances are commonly used in extradition proceedings to address concerns under Article 3 of the European Convention on Human Rights.

Next, Belgian courts — including the Chambers of Indictment in Antwerp, where extradition proceedings are reportedly advanced — will assess these assurances alongside the legal and evidentiary requirements for surrender. If the guarantees are deemed sufficient and all legal conditions for extradition are met, Choksi could be surrendered to India to stand trial in the CBI case. The terms outlined in the MHA letter will remain central to any judicial evaluation of his prospective custodial treatment.

Choksi was arrested in Belgium in April following a formal request from Indian authorities. He and his nephew, Nirav Modi, are the primary accused in the PNB fraud case, which involves fraudulent transactions. (ANI)