New Delhi: There is no risk that fugitive diamantaire Mehul Choksi will not get a fair trial in India after his extradition, a Belgian court has ruled, underlining that he has failed to demonstrate any serious risk of being subjected to torture, inhuman or degrading treatment.
A four-member indictment chamber at the Court of Appeals in Antwerp has found no infirmity in the orders issued by the pre-trial chamber of the Antwerp district court November 29, 2024, allowing Choksi’s extradition.
The district court had termed the arrest warrants issued by a Mumbai special court May 23, 2018 and June 15, 2021, enforceable, which has been upheld by the Court of Appeals in its order dated October 17. The third warrant, related to the disappearance of evidence, was not accepted by the Belgian court.
The Court of Appeals has held that the documents Choksi submitted do not substantiate his claims that he is the subject of a political trial.
It said that it is up to the subject to provide evidence demonstrating substantial grounds to believe that there is a genuine risk of ill-treatment upon extradition.
Rejecting the arguments put forth by Choksi that he may not get a fair trial if extradited to India, the Court of Appeals held that the documentation provided by him is insufficient to make it concretely plausible that he personally faces a real, present and serious risk of being subjected to flagrant denial of justice, torture or inhuman and degrading treatment in India.
Choksi’s claims that he was kidnapped from Antigua and Barbuda by Indian agencies and tortured in Dominica did not find support from the court, which said the records submitted by the fugitive businessman do not conclusively indicate that he was the victim of a kidnapping in Antigua ordered by Indian authorities.
The order of the Commission for the Control of Interpol’s Files (CCF), an independent body that ensures that all personal data processed through the Interpol’s channels conforms to the rules of the organisation, that allowed the Interpol Red Notice against Choksi to be dropped on the grounds of alleged kidnapping, was cited by the fugitive businessman in Belgium to buttress that he may be tortured in India.
The Court of Appeals said the CCF’s October 12, 2022 decision provides no clarity on the matter and is formulated cautiously and conditionally.
Choksi did not cite any substantial document that would allow the indictment chamber to conclude that there is a real risk of violation of his right to a fair trial due to the alleged lack of independence of Indian judges, it said.
The court order gave a major jolt to the fugitive businessman, who is wanted in connection with a Rs-13,000 crore fraud in the Punjab National Bank (PNB) allegedly orchestrated in collusion with his nephew Nirav Modi, who is lodged in a London prison. Modi too is facing extradition proceedings.
Of the Rs 13,000 crore, Choksi alone has siphoned off Rs 6,400 crore, the Central Bureau of Investigation (CBI) has alleged in its chargesheet.
The Court of Appeals has held that Choksi’s arrest by Belgian authorities on India’s request was valid, officials in the know of the development said.
The order has come as a strong validation for India’s case seeking his extradition, with Choksi having the option of appealing against the decision in Belgium’s Supreme Court, they said.
This is the first success for India in the ongoing extradition proceedings against Mehul Choksi in Belgium, an official said.
Choksi (66) is in the Antwerp Prison since his arrest in April. His multiple bail petitions have been rejected after they were effectively countered by Belgian prosecutors, who were aided by the CBI.
The order has come in our favour. The court has termed his arrest by the Belgian authorities on India’s request valid. The first legal step in getting him extradited is now clear, a senior official said.
The Belgian prosecutors were aided by Indian officials from the Ministry of External Affairs and the CBI in putting forth strong arguments on Choksi’s alleged role in orchestrating one of the biggest bank frauds.
The prosecutors told the court that Choksi is a flight risk and cannot be released from prison, the officials said.
New Delhi has given a number of assurances to Belgium regarding Choksi’s safety, the charges that he would face during trial in India, prison arrangements, human rights and medical needs.
India has also assured Belgian authorities that if extradited, Choksi would be housed in Barrack No. 12 at Mumbai’s Arthur Road jail, with no chance of overcrowding or solitary confinement, as at least one more economic offender is expected to share the cell with him.
Daily newspapers in English and local languages, terrestrial TV channels, video-conferencing facilities and tele-medicine services are also available in the prison.
The Union home ministry informed the Belgian authorities through a September 4 communique that the personal living space for each inmate in Barack No. 12 is in line with and fully meets the minimum space requirement of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of Europe.
The CBI has also invoked the United Nations Convention against Transnational Organised Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC) in its extradition request.
At least two open-ended arrest warrants, issued by the Mumbai court in 2018 and 2021, were shared by the Indian agencies with their Belgian counterparts as part of the extradition request, sources said.
Choksi fled to Antigua and Barbuda in the Caribbean days before the scam was detected. He had taken citizenship there.
The sources said he remains an Indian citizen as he has not renounced Indian citizenship, a mandatory requirement under the law.
After Choksi was spotted in Belgium, the CBI, the MEA, and the home ministry swung into action to get him extradited to India to face the law.
Choksi and Modi are wanted for allegedly swindling Rs 13,000 crore through fraudulent letters of undertaking (LoUs) in connivance with some officials at the PNB’s Brady House branch in Mumbai, the officials said.
