Belgium's Supreme Court Dismisses Mehul Choksi's Plea Against Extradition to India

Belgium's highest court has dismissed fugitive businessman Mehul Choksi's challenge to his arrest in Antwerp, marking a significant development in India's pursuit of his extradition.

The decision, delivered in Brussels, effectively upholds earlier findings that the 65 year old faces no threat of torture or political persecution if returned to India.

Top Court Upholds Antwerp Ruling

Henri Vanderlinden, advocate general at Brussels, confirmed the outcome in an email, stating, "The Court of Cassation rejected the appeal (of Choksi). So, the decision of the Court of Appeal stands." Officials said the ruling reinforces the October 17 verdict of the Antwerp court of appeals, which found no merit in Choksi's claims regarding mistreatment or unfair trial conditions in India.

Authorities familiar with the case described the development as a positive step for New Delhi, adding that the formal extradition process in Belgium could now advance.

Background of the Arrest and Fraud Allegations

Choksi has been lodged in an Antwerp prison since his April 11 arrest, carried out in response to India's request. He had approached the Court of Cassation on October 30 after the Antwerp court rejected his arguments earlier that month.

Indian agencies accuse him of orchestrating six major bank frauds between 2018 and 2022, with losses estimated at nearly ₹13,000 crore. The October ruling made clear that the charges against him are neither political nor grounds for invoking fears of torture, and it also rejected his claim of being abducted in Antigua and Barbuda in 2021.

The Chamber of Accusation at the Antwerp court stated that two Indian arrest warrants issued in May 2018 and June 2021 were valid and enforceable. These pertain to criminal conspiracy, breach of trust, fraud, embezzlement and related misconduct. The court noted that these offences are punishable in both countries, meeting the reciprocity requirement in extradition law.

Court Rejects Abduction Theory and Interpol Arguments

Choksi has repeatedly attempted to rely on a 2022 Interpol Commission for the Control of Files decision that removed his red notice, pointing to this and other documents to allege he was kidnapped at India's behest in 2021. The Antwerp court dismissed this line of reasoning, observing, "It cannot be inferred from the documents supplied by the person (Choksi) concerned that he was kidnapped in Antigua on the instructions of the Indian authorities. The decision of the CCF of 12 October 2022 is inconclusive and very cautious and worded in a conditional manner."

The court reaffirmed that the allegations against him fall under various sections of the Indian Penal Code and Prevention of Corruption Act, all of which correspond to criminal offences in Belgium under the dual criminality principle. India has also cited the UN Convention against Transnational Organized Crime and the UN Convention against Corruption as part of its extradition framework.

India's Assurances to Belgium

To address concerns about detention conditions, the Indian government provided detailed guarantees regarding Choksi's treatment if extradited. It assured that he would be housed in Barrack 12 at Arthur Road Jail in Mumbai, a facility aligned with European CPT standards.

The assurances include access to clean drinking water, proper food, medical care, newspapers, television, and the option to be treated by a private doctor, along with a commitment that he would not be placed in solitary confinement.